Last UpdatedTHU., APRIL 28, 2016 - 3:10 PM

Bloomington startup cultivates patents for novel way to garden

The U.S. Patent and Trademark Office on March 29 issued a design patent for the Garden Tower 2, and other patents are pending for an invention that allows up to 50 plants to grow in a compact space that would fit on the most modest apartment patio.More.

COA: Court order couldn’t disqualify attorney on future cases02:25 pm

Jennifer Nelson
The Indiana Court of Appeals declined to decide whether a trial court erred in concluding an ex-city attorney violated the Rules of Professional Conduct when he acted as the lawyer for a defendant in a suit brought by the city.More.

COA clarifies confusion around judicial admissions02:06 pm

Jennifer Nelson
The Indiana Court of Appeals noted in its decision Thursday in a medical malpractice lawsuit that the line of authority that has developed on judicial admissions is based on an error made in a 1990 case. The judges used their opinion to affirm the jury verdict in favor of the defendant doctor and to clarify that judicial admissions are conclusive and binding.More.

Supreme Court reverses summary judgment in malpractice case01:55 pm

Scott Roberts
The Indiana Supreme Court reversed summary judgment for a hospital and doctor after it found the doctor’s own evidence creates issues of material fact that need to be settled at trial.More.

In This Issue

APRIL 20-MAY 3, 2016
thisissue1-042016.jpg Indiana Lawyer 042016

The ACLU of Indiana has received more than $1.4 million from the state in legal fees since Pence took office, thanks to successful constitutional challenges to hot-button issues. The U.S. Patent and Trademark Office on March 29 issued a design patent for the Garden Tower 2, created in Indiana, and other patents are pending for an invention that allows up to 50 plants to grow in a compact space that would fit on the most modest apartment patio. The recent 51 percent bar passage rate for February 2016 test-takers is the lowest since 2002.

Top Stories

Recent bar passage results ‘stunning’

Traditionally those who take the bar exam in February achieve a lower pass rate than their July counterparts, but the results from this February’s exam has surprised many, raising questions about the quality of the test-takers as well as the quality of the exam.More.

Making sure compliance is kept

Barnes & Thornburg LLP has launched a new corporate compliance group aimed at giving clients a “one-stop shop” at the same time the firm and one of its lawyers has received a top assignment from the federal government.More.

Painkiller distributors face trials

Insurer argues to 7th Circuit Court of Appeals that it has no duty to defend in opioid prescription suit.More.

DNA result shielded from rape trial jury

A man convicted of rape wasn’t permitted at his trial to introduce DNA evidence collected from the victim when she sought medical attention. The DNA was from another man who also was at the party attended by several other people who testified the crime took place.More.

Allen County attorneys prep class for WTP finals

One Allen County school is getting the opportunity of a lifetime to participate in a national civics competition, and the Allen County legal community is making sure it will happen.More.

Legal-oriented groups pick Indianapolis for annual conventions

As part of its effort to attract a variety of events and conventions, Indianapolis has put a focus on attracting professional conferences. Having three legal-oriented groups come within two years indicates the city’s strategy is working.More.

State pays ACLU over $1.4M under Pence

Under the administration of Gov. Mike Pence, legal fees paid to the American Civil Liberties Union of Indiana have soared beyond $1.4 million and may approach $2 million, according to an Indiana Lawyer analysis.More.


Bloomington startup cultivates patents for novel way to garden

The U.S. Patent and Trademark Office on March 29 issued a design patent for the Garden Tower 2, and other patents are pending for an invention that allows up to 50 plants to grow in a compact space that would fit on the most modest apartment patio.More.

Indiana patent law delaying demand letters

While the passage of House Enrolled Act 1102 has not been met with a lot of noise, it is causing attorneys to think twice before sending a letter asserting patent infringement. Lawyers now have to consider the requirements of patent laws that have bloomed in many states and the potential ramifications of being found in violation.More.

Davee: Initial trademark considerations when advising clients

When helping the client form their business, there are several items that should be discussed early on, particularly if the client has any desire to pursue federal trademark registration.More.

Nguyen: Is Circuit jurisdictional battle judicial wisdom or patent envy?

Having legitimate grounds to hear cases involving patent issues comes with a responsibility that regional circuits must address.More.


DTCI:10 tips to maximize contract effectiveness, enforcement

Eager to consummate the deal, contracting parties often rush the negotiation process and end up with a written document that does not clearly explain the agreement or define the parties’ respective obligations.More.

Living Fit: Could you be diabetic and not know it?

Type 2 diabetes cases have quadrupled in the past three decades, largely (pun intended) due to our lifestyle choices.More.

Making Rain: Allocating resources to keep your clients

Recent studies indicate that firms that increase client retention by just 5 percent grow revenues by 25 percent. Who wouldn’t vote for 25 percent more revenue?More.

Hammerle on ... 'City of Gold,' 'Hardcore Henry,' 'I Saw the Light,' 'Midnight Special'

Bob Hammerle says you might consider looking up these movies for home viewing.More.

In Brief

E-filing pleadings to be mandatory July 1

After deciding last week all appellate pleadings and motions would be available online at within the next 60 days, the Indiana Supreme Court announced Tuesday electronic filing of all pleadings to pending cases will become mandatory for all attorneys in Indiana appellate courts as well as Hamilton County Circuit and Superior Courts July 1.More.

Appellate pleadings, motions to be put online sometime in next 60 days

The Indiana Supreme Court task force created to look into remote access and privacy of electronic records has decided appellate pleadings and motions filed by attorneys will be put online at sometime within the next 60 daysMore.

Special Sections

Indiana Court Decisions – March 29-April 12, 2016

Read recent appellate court decisions.More.

Disciplinary Actions

Disciplinary Actions - 4/20/2016

Read about recent disciplinary actions taken by the Indiana Supreme Court.More.

Bar Associations

Wright: In Full Swing for Spring: Get Involved with the YLD!

The Young Lawyers Division (YLD) had a very successful first quarter – thanks to our diligent board and dedicated membership. On behalf of the YLD, I am happy to report on the YLD’s accomplishments to date, as well as our upcoming objectives next quarter.More.

IndyBar: Ask a Lawyer - More than 560 people helped!

Read more about the recent Ask a Lawyer event.More.

IndyBar: Breakfast with the Bar Serves up ‘Cold Pizza’ Tips

Breakfast with the Bar is a monthly IndyBar Law Student Division event held throughout the academic year where law students mingle with attorneys in a small group setting. Each event features a different practice area or type. While Breakfast with the Bar will take a break for the summer, keep an eye out for it to start back up in September, and enjoy a law student’s recap of the most recent session!More.

IndyBar: Nominations Now Open for IndyBar Paralegal of the Year Award

Assistance from qualified and competent paralegals is crucial to the success of many attorneys. This year, make sure to recognize the important paralegal in your life by submitting a Paralegal of the Year Award nomination.More.

IndyBar: Have you heard the news? IndyBar Launches Listservs for Sections and Divisions

Some of the most valuable tips and resources come not from a scholarly journal or a classroom—they come from a productive discussion with colleagues.More.

Online Extra: Judicial Roundtable 2014

When Loretta Rush was named chief justice of the Indiana Supreme Court in August, Indiana hit a milestone. For the first time, all of our state's appellate courts were being led by women. Indiana Lawyer recently invited Rush, Indiana Court of Appeals Chief Judge Nancy Vaidik, Indiana Tax Judge Martha Wentworth and Chief Judge Robyn Moberly of the U.S. District Court for the Southern District of Indiana's Bankruptcy Court to discuss their career paths as well as opportunities and challenges today's courts and lawyers face.More.
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Indiana makes gains in permanent placement

The state sees improvement, but aims to do better.More.

Views shift on use of executions

What if 1976 hadn’t played out the way it did, and some of the jurists on the U.S. Supreme Court had held the view of capital punishment at that juncture that they did at the end of their judicial careers? The death penalty may never have been reinstated.More.

What's next for Indiana's death penalty?

Unlike other states, Indiana has not abolished or suspended use of executions.More.

State death penalty cases averaged 17 years

When the moment of death finally arrives, it ends what may be described as a long legal journey to justice within the capital punishment system.More.

Balancing philosophical with practical concerns regarding death penalty

Indiana Lawyer takes an in-depth look at the death penalty in the "Cost of Justice" series.More.
Juvenile Justice Juvenile Justice


A last-minute change to a bill during the 2009 special session has stripped judges of their discretion regarding juvenile placements out of state by requiring them to get permission from the Department of Child Services. All three branches are reacting.


Escaping execution

Exoneree joins statewide campaign calling for a death-penalty moratorium.More.

Reforms urged to prevent mistakes

Indiana explores what revisions to make to its criminal justice system.More.

Aiming for exoneration

Inmate awaits court hearingMore.

CJ: Most players in appeals acting responsibly

The Indiana chief justice said in an order that he would "smack down" judicial overreaching or overspending.More.

Bose lays off lawyers

Cuts are state's first announced publiclyMore.

Lawyer lands on feet

Attorney's job loss leads to his own legal consulting businessMore.

Mergers: Are we done yet?

2008 could be record year for law firm consolidationMore.

Tough times drive change

Attorneys see evolving legal work caused by economic woesMore.

System delivers injustice

Exonerated face new, old legal hurdles after release.More.

Counties must pay for juvenile facilities

Indiana counties are responsible to pay a portion of costs to operate juvenile detention facilities.More.

Teens share stories about juvenile justice experience

Two Elkhart County teens say it took incarceration to teach them a lesson.More.

State slow to achieve juvenile justice reforms

Local successes exist; systematic changes lag.More.

'Out of the court's hands'

Lake County teen recognizes she is responsible for future in juvenile system.More.
Juvenile Justice Juvenile Justice

Improving a child's access to counsel

A proposed draft rule would change waiver procedures in the juvenile justice system.More.

Early intervention for juveniles

A new law, along with pilot programs, encourage alternatives to keep kids out of courts.More.

The evolution of capital punishment

The Indiana Lawyer takes a historical look at how the death penalty system has evolved during the past 40 years and how Indiana has amended its practices and procedures through the decades.More.

Enduring legal process doesn't change parents' desire for justice

For 11 years, Dale and Connie Sutton’s lives as parents have been about ensuring what they see as justice for their murdered daughter.


Mental aspect of capital cases can be challenging

When it comes to tallying the total price of capital punishment, the cost of those cases for the legal community is more than just expansive legalese and court procedures that span a decade or two.More.

Prosecutors: money doesn't trump other factors when considering death penalty

At a time when capital punishment requests are down and some state officials are questioning the cost and overall effectiveness of seeking a death sentence, the issue of what it’s worth to go after this ultimate punishment is getting more scrutiny in Indiana and nationwide. Read more in Indiana Lawyer's in-depth look at the death penalty and the cost of justice.More.

Recent changes impact state justice system

National and state advocates pushing for wrongful conviction reforms judged that Indiana was behind other jurisdictions in strengthening its justice system, but they emphasized that ongoing discussions were a good starting point for the Hoosier legal community.More.

Clinic argues for man's innocence

the Indiana Supreme Court is considering whether to accept a post-conviction case on an issue some say is an important question of law relating to wrongful convictions.More.

Rising number of exonerees reflects flaws in justice system

Convicts are turning to methods that have freed others who were wrongfully convicted, as well as new issues that continue surfacing in the nation's court system.More.

Teaming up for change

National, local experts meet in Indiana to discuss juvenile justice.More.

Indiana: Better economic climate

State's legal community successfully rising to recession-related challengesMore.

Lawyers challenge imbalance of power

Budget statute affected juvenile codes and gives the Department of Child Services oversight of judicial decision-making.More.

Attorneys squeezing savings

Bar associations offer discounts, cost-cutting options for legal communityMore.

Money woes 'going to get worse'

County courts, prosecutors, public defenders face tight budgetsMore.

Indiana's legal aid in trouble?

3 legal aid providers discuss the economy's effectsMore.

After exoneration

Wrongfully convicted Hoosier settles federal suit for $4.5 million.More.

Marion County a model for juvenile detention reforms

Detention alternatives, Initial Hearing Court draw national praise.More.

What's next for Indiana's juvenile system?

Indiana lags in statewide reform, but builds on localized successes.More.

Detaining questions

Funding of youth detention, alternatives draws concern.More.

Motor vehicle accident: Noblesville collision
Patricia Acker and Peter Acker v. Keyna Sanders  More


Motor vehicle accident: rear-end collision
Dannis R. Thomas and Luisa Thomas v. Phyllis A. Isenhower More


Americans with Disabilities Act discrimination
Kristine R. Rednour v. Wayne Township Fire Department and Wayne Township More



More Trial Reports


How do managing partners manage their social media?

Do you have a LinkedIn account? If you are a managing partner, then you most likely do, although your online presence may be begrudgingly, depending on your age.More.


                              Counsel 2015Corporate Counsel Guide
Indiana Lawyer's 2016 Corporate Counsel Guide provides snapshot information about lawyers providing in-house legal counsel to Indiana's business community.


Leadership in
                              Law 2014Leadership In Law
Each year, Indiana Lawyer honors Distinguished Barristers and Up and Coming lawyers in the state's legal community. Meet those recognized for their work in the law and service to the community.

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Opinions April 28, 2016

Indiana Supreme Court
Kathy L. Siner, Personal Representative of the Estate of Geraldine A. Siner, Deceased, et al. v. Kindred Hospital Limited Partnership, d/b/a Kindred Hospital of Indianapolis, et al.
Civil tort. Reverses find of summary judgment for Kindred Hospital and Mohammed Majid after the Supreme Court found genuine issues of material fact in the case.More.
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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy."

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.