Last UpdatedMON., APRIL 20, 2015 - 1:55 PM
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Neighborhood Christian Legal Clinic leader brings creativity to job

Just the third executive director since the clinic opened in the Mapleton-Fall Creek neighborhood of Indianapolis in 1994, Chris Purnell was officially named to the top job in February.More.

Judge delays decision on NCAA concussion settlement

A U.S. judge has declined to immediately approve the National Collegiate Athletic Association’s $75 million settlement of a lawsuit by college athletes who’ve suffered head injuries, giving a critic of the accord three weeks to file arguments opposing the revamped deal.More.

Justices add 2 foreclosure cases to docket

Dave Stafford
A challenge to a foreclosure judgment against a bank that was reinstated by a divided Court of Appeals panel will be heard by the Indiana Supreme Court. Justices granted transfer in two mortgage foreclosure cases last week.More.

IndyBar: ‘Move forward aggressively’ on justice center vote

Dave Stafford
The Indianapolis Bar Association urged the Indianapolis Marion County City-County Council on Monday to "move forward aggressively to construct the criminal justice facilities our city's citizens require."More.

In This Issue

APRIL 8-21, 2015
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Both sides say the courts will have a central role in interpreting Indiana’s amended Religious Freedom Restoration Act. Elder law, a practice area that started in the late 1980s, has grown quite a bit in the last 25 years. The 7th Circuit Court of Appeals recently heard arguments on whether the Marion Superior judicial election system should be tossed out.

Top Stories

Judging how Indy elects judges

The 7th Circuit Court of Appeals posed tough questions for the state’s defense of the pay-to-play, power-sharing system of judicial slating in Marion County.More.

'Candid talk' on women in law

Attorneys Bernadette Catalana and Kelly Odorisi faced jaw-dropping experiences on their paths to success, like being called “cupcake” by a judge, or being told to “act more like a man” when clearly treated differently because of their gender.More.

Neighborhood Christian Legal Clinic leader brings creativity to job

Just the third executive director since the clinic opened in the Mapleton-Fall Creek neighborhood of Indianapolis in 1994, Chris Purnell was officially named to the top job in February.More.

Courts will have a central role in interpreting Indiana's amended RFRA

Even before Gov. Mike Pence signed Senate Enrolled Act 101, even before the firestorm of protests started and the nation turned its attention to Indiana, the Religious Freedom Restoration Act appeared to be on its way to court.More.

Elder law matures

Claire Lewis has been an elder law attorney since before there was such a thing. She can recall a time when people would have asked what she was talking about if she described that as her profession.More.

Vet: Unjust civil commitment 'takes everything' away

A Marine Corps veteran is trying to put his life back together after he was wrongly committed when a court found him gravely disabled and dangerous. His case before the Indiana Supreme Court recently reformed the requirements necessary to deprive the liberty of someone with mental illness.More.

IU Maurer gets $20 million gift from Class of ’64 alum

Indiana University Maurer School of Law announced that 1964 graduate Lowell E. Baier has made a $20 million estate gift to the Bloomington law school that will enhance facilities and the school’s long-term renovation and expansion.More.

Focus

7th Circuit decision provides 'well-reasoned test' for standard exclusion provision

When construction on a mixed-use development project in Missouri ran short of money and eventually stopped, the “standard exclusion” included in many title insurance policies came before to the 7th Circuit Court of Appeals for another review.More.

Stevenson: Construction contractor non-delegable duties: then & now

With over 200 years of history, the non-delegable duty doctrine is not likely to disappear. As with many long-standing legal principles, it will likely be molded to fit today’s complex construction world.More.

Opinion

Dean's Desk: Preparing for a more specialized profession

The legal community is keenly aware of the trend toward ever-increasing specialization in the legal profession. The trend has picked up steam every year during the past decade.More.

Quality of Life: Take steps toward a course for new beginnings

While some behaviors may have helped us progress through life at one time, often they become limiting as we develop and mature. There are ways to change these patterns – to create new internal responses or maps, so to speak, so that you will move in a different direction from your old way of being.More.

Waggoner: What I’ve learned from lawyers gone bad

Recent news of Hoosier attorneys donating $100,000 to the victims of disgraced Indiana lawyer Bill Conour prompts several thoughts about bad lawyers and the consequences for those victims.More.

Start Page: Tips to reduce email notification distraction

Love it or hate it, email is here to stay. With electronic filing, more of our practice becomes electronic every day.More.

Hammerle On… 'What We Do in the Shadows,' 'It Follows'

Bob Hammerle says "What We Do in the Shadows," a mockumentary about four vampires, is an inspiring bit of cinematic lunacy.More.

In Brief

Medical-Legal partnership gets national honor

Five years after its founding, the Eskenazi Health Midtown Community Mental Health Medical-Legal Partnership in Indianapolis is being recognized with a 2015 Outstanding MLP Award from the National Center for Medical-Legal Partnership.More.

Indy could be short $37M on justice center financing, analysis says

Indianapolis Mayor Greg Ballard's promise of financing a new justice center through operational savings is overblown, according to an analysis by the Indianapolis City-County Council.More.

Lawyer puts name on Assembly Hall entry

Bloomington attorney Ken Nunn will donate $2 million for the renovation of Assembly Hall at Indiana University, where a new south entry plaza will be named Ken Nunn Champions Plaza when the renovated Simon Skjodt Assembly Hall opens in fall 2016.More.

Special Sections

Indiana Court Decisions - March 18 to 31, 2015

Read recent Indiana appellate decisions.More.

On The Move

On The Move - 4/8/15

Read who's recently joined Indiana firms, been promoted or received an award.More.

Disciplinary Actions

Disciplinary Actions - 4/8/15

Read who's recently resigned from the bar or been suspended by the Indiana Supreme Court.More.

Bar Associations

DTCI: Counterpoint: Contingency fees require more scrutiny than ever

This article is a response to “Contingency fees still help to provide access to courts,” published as a 25th anniversary feature in last month’s Indiana Lawyer.More.

Trimble: ‘Reflections on a Lawyer’s Role in a Firestorm’

I would venture to say that every lawyer in our association was consulted by someone about the meaning of the Religious Freedom Restoration Act.More.

IndyBar: Women and the Law Division Mentoring Program Off to a Strong Start

The Women and the Law Division (WLD) is proud to announce that it is continuing its mentoring program for the fourth consecutive year.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 Frontlines - 4/8/15

Read news from around the IndyBar!More.

IndyBar: Delivering Peace of Mind: Low Asset Wills Program Expands for 2015

For years, IndyBar attorneys have helped community members living in poverty to safeguard their futures through the bar’s Low Asset Wills Program.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.

What's next for Indiana's death penalty?

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

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

Tug-of-war

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.

More.

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.

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.

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.

Detaining questions

Funding of youth detention, alternatives draws concern.More.

State slow to achieve juvenile justice reforms

Local successes exist; systematic changes lag.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.

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.

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.

More.

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.

Teaming up for change

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

Aiming for exoneration

Inmate awaits court hearingMore.

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.

'Out of the court's hands'

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

Breach of employment contract/intentional tort
Bradley Scott Montgomery v. Danville Community School Corporation

More

 

Personal injury vehicle accident
Kristie Malnar v. Ruth Black

More

 

Motorcycle Accident
Garrett Minniear v. Chase King d/b/a King Masonry LLC
More

 

More Trial Reports

Blogs

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.
 


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Opinions April 20, 2015

Indiana Court of Appeals
Stephen F. Smith v. Foegley Landscape, Inc.
71A03-1405-SC-169
Small Claims. Affirms judgment in favor of Foegley Landscape but reverses $1,500 award for attorney fees. Finds the small claims court did not have any documentation to properly evaluate the reasonableness of the fees. Remands to the small claims court to hold a hearing and determine the reasonable attorney fees.More.
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