Last UpdatedTHU., AUGUST 27, 2015 - 4:04 PM
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Dimos takes key ABA post, vows to stay connected locally

James Dimos’ new leadership gig with the American Bar Association eventually will take him away from his adopted Indianapolis home of more than 30 years but, in a way, he’ll be returning home.More.

Award of attorney fees in wrongful death depends on existence of survivors

Marilyn Odendahl
In a case of first impression, the Indiana Supreme Court said it was “neither absurd nor contrary to public policy” to find the state’s General Wrongful Death Statute provides different damage awards depending on survivors.More.

Justices affirm denial of intervention in lengthy foreclosure suit

Dave Stafford
A clerk’s failure to docket a Carmel homeowner association’s judgment against a homeowner doesn’t mean a mortgagee was denied notice that a claim existed against the property, the Indiana Supreme Court ruled Thursday. Justices held a lis pendens filing  provided sufficient notice.More.

Wanted: lawyers willing to be judges

Marilyn Odendahl
Reach for Youth is offering attorneys the opportunity to wear the black robe and test their judicial chops.More.

In This Issue

Aug. 26-Sept. 8, 2015
thisissue1-082615.jpg IL 082615 Cover

James Dimos' new leadership gig with the American Bar Association eventually will take him away from his adopted Indianapolis home of more than 30 years, but in a way, he'll be returning home. A legislative interim study committee is considering a proposal that would allow DNA to be collected from those arrested, but not yet convicted, of a felony, but concerns about constitutionality exist.  Indiana lawyers and state and federal court judges will soon mark eight centuries since Britain's King John placed his seal on the Magna Carta, which guarentees, among other things, right to a trial by jury.

Top Stories

Dimos takes key ABA post, vows to stay connected locally

James Dimos’ new leadership gig with the American Bar Association eventually will take him away from his adopted Indianapolis home of more than 30 years but, in a way, he’ll be returning home.More.

DNA proposal highlights worries over privacy

Indiana Sen. Tim Lanane and his colleagues in the Indiana Statehouse are once again wrestling with when to collect genetic material from individuals in the criminal justice system.More.

Americans with Disabilities Act turns 25

Also known as the largest civil rights act in the U.S., the ADA has resulted in gains for those with disabilities. However, there is still more work to be done.More.

Judicial luminaries to mark Magna Carta’s 800th year

A who’s who of Indiana lawyers and state and federal court judges will soon mark eight centuries since Britain’s King John relented in the face of a baron rebellion and placed his seal on the document that guaranteed, among other things, right to a trial by jury.More.

Consumers don’t have to wait for fraudulent charges

A recent ruling from the 7th Circuit Court of Appeals – the first to find that consumers do suffer harm when their credit card information is stolen – may be headed back to appellate court after the defendant retailer accused the judges of “loose thinking.”More.

TV’s ‘Shift’ suspect got shaft, but rights weren’t violated

A man who was wrongly arrested and charged with murder by Indianapolis police, whose investigation was being documented for the reality TV series “The Shift,” lost his appeal in a civil rights lawsuit against police.More.

ABA report reflects current law school innovations

Weeks after the American Bar Association approved a set of recommendations to address law student debt and educational experience, legal educators in Indiana described the recommendations as thoughtful but not necessarily different from what they are doing.More.

Prisoner’s Zantac lawsuit gives federal judges heartburn

An Indiana inmate’s lawsuit claiming prison staff showed deliberate indifference in denying him Zantac to treat a known esophageal reflux condition erupted in a war of words between two 7th Circuit Court of Appeals judges.More.

Bingham partner Solada key player in zoning disputes

Mary Solada has built a reputation as one of Indianapolis’ top real estate attorneys by representing large developers on important zoning matters.More.

Focus

Law professor’s book spotlights service workers’ fight for unions

Indiana University Robert H. McKinney School of Law professor Fran Quigley's book, “If We Can Win Here: The New Front Lines of the Labor Movement,” examines how the push for higher wages and better working conditions is playing out in the very red Hoosier state.More.

Proposal would double salary threshold for exempt employees

Employment attorneys and their clients large and small are scrambling to find ways to deal with a likely change in federal regulation that could more than double the earnings threshold for workers classified as exempt from overtime.More.

Doubt means don’t: Drafting an effective social media policy

Because social media is a relatively new phenomenon, employers have been wading into uncharted territories when creating and implementing social media policies.More.

Independent contractor or employee: DOL gives guidance

In mid-July, the administrator for the Department of Labor’s wage and hour division issued an interpretation to give guidance about whether a worker is an independent contractor or an employee.More.

Opinion

Hammerle On... 'Straight Outta Compton', 'The Man from U.N.C.L.E.'

Bob Hammerle writes in regard to "The Man from U.N.C.L.E.": "Be prepared to say, 'I really enjoyed it, although I can't say I liked it.'"More.

In Brief

Study: Child sexual assault 'far too common' in Indiana

A report by the Global Health Communication Center at Indiana University-Purdue University Indianapolis states that adolescent sexual assault is “far too common” in the state.More.

Justice Boehm gets nod for special redistricting commission

Former Indiana Supreme Court Justice Ted Boehm has been given a seat on the special committee set to examine gerrymandering, a common political manipulation that he once called toxic.More.

Indiana to get $1.3M slice of Amgen settlement

Biotech drugmaker Amgen will pay $71 million to settle an investigation into illegal marketing of its drugs Aranesp and Enbrel, ending an investigation by 48 states and Washington, D.C.More.

AG seeking restitution over alleged Warsaw schools kickbacks

Indiana Attorney General Greg Zoeller is seeking nearly $1 million in restitution from a former northern Indiana school district official and a business owner who were charged with an illegal kickback scheme.More.

Former Lake County judge eyeing AG nomination

A former Lake County judge has formed a campaign committee to seek the Democratic nomination for Indiana attorney general.More.

Supreme Court Justice Sotomayor will appear at Notre Dame

Supreme Court of the United States Justice Sonia Sotomayor will take part in a moderated discussion at the University of Notre Dame in September.More.

Special Sections

Indiana Court Decisions: Aug. 5 to 18, 2015

Read recent appellate decisions from Indiana courts.More.

On The Move

On The Move-8/26/15

Read who's recently been appointed to a committee.More.

Disciplinary Actions

Disciplinary Actions-8/26/15

Read who the Indiana Supreme Court has recently suspended.More.

Bar Associations

IndyBar: CLE Series to Tackle Legal Issues Surrounding Use of Force

Throughout the past months, the debate on police use of force has intensified. But how does this national issue relate to the practice of Indy lawyers?More.

DTCI: Public access to police body-cam footage

In the wake of several highly publicized police encounters with the public leading to the death of the individuals involved, the debate over public access to police body-camera video is heating up.More.

IndyBar: 2012 IBF Grantee Continues Good Work

Each year, Teen Court reaches out to more than 600 youth and their families through multiple intervention and diversion programs, including an in-school Teen Court model.More.

When a Barking Dog is a Good Thing: Some Tips for Success for Young Lawyers

There is no shortage of sources for lawyers of all ages to receive tips on how to succeed. The tips that follow in this article are just a few that have been passed along to me by my mentors through the years.More.

IndyBar: Scholarship Available to Health Law Conference

The Indianapolis Bar Association Health Care & Life Sciences Section is pleased to announce it is offering scholarships for the American Health Lawyers Association Fundamentals of Health Law Conference, November 15-17, 2015, in Chicago.More.

IndyBar: Getting Along is Not Wrong

We set out to find examples of lawyers who model the way while providing excellent representation.More.

IndyBar: Around the Bar

Members of the bar mingled with trial and appellate-level judges from local, state and federal courts at the Indy Attorneys Network section’s annual “At the Bar with the Bench” event on Thursday, August 20.More.

DTCI: Kudos

Steven S. Hoar has been elected president of the Evansville Bar Association and Jeffrey Ahlers has been named to "The Best Lawyers in America (2016)"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

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.

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.

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.

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.

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 Aug. 27, 2015

7th Circuit Court of Appeals
C.W. and E.W., by Guardians and Next Friends Adele A. Wood and Jason A. Wood v. Textron, Inc.
14-3448
Appeal from the U.S. District Court for the Northern District of Indiana, South Bend Division
Chief Judge Philip P. Simon
Civil. Affirms summary judgment in favor of Textron. Finds the testimony of the three experts was properly excluded because none provided a direct link between vinyl chloride exposure and the illnesses experienced by C.W. and E.W. Disagrees with the District Court’s rationale regarding causation. Adopts 2nd Circuit approach that differential etiology is sufficient to help prove both general and specific causation.More.
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  1. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.