Last UpdatedTHU., MARCH 30, 2017 - 12:40 PM
leadership_032217-2col.jpg

Cultivating the next generation

Attorney Joseph Smith is among a new cadre of leaders stepping into management positions, taking a seat on high-level committees or becoming practice chairs in large law firms. Baby boomers are retiring or transitioning from their practices, creating openings in leadership roles.More.

COA affirms attempted murder conviction12:38 pm

Olivia Covington
The Indiana Court of Appeals has affirmed a man’s attempted murder conviction after finding that the court was not required to give the jury a specific instruction on unanimity.More.

Supreme Court suspends attorney for mismanaging funds10:24 am

An Indianapolis attorney accused of mismanaging trust funds for both himself and other attorneys and clients has been suspended from the practice of law in Indiana for 180 days.More.

Notre Dame law students slated to argue before military appellate court10:11 am

Two Notre Dame Law School students will get the opportunity to argue before an international appellate court when the U.S. Court of Appeals for the Armed Forces hosts oral arguments at the school next week.More.

In This Issue

MARCH 22-APRIL 4, 2017
thisissue1-032217.jpg iba-free-fridays

New law firm leaders are taking over during a time of rapid and dynamic changes in the profession. The Indiana Supreme Court is addressing language barriers in court through a new task force. Disability claims may be tougher to get approved after rule change.

Top Stories

New task force meant to break down language barriers, aid court interpreters

As the number of litigants, witnesses or spectators requesting interpretation services continues to rise, the Indiana Supreme Court is taking steps to ensure those services are high-quality and far-reaching.More.

Protest bills with anti-traffic obstruction focus sweep US

In response to the increasing number of demonstrations, legislators across the country have introduced bills limiting where protesters can demonstrate or increasing fines for participation in peaceful protests that turn violent.More.

Fitness to parent raised in man’s fatal neglect appeal

A man whose 4-month-old son died of malnutrition asked an appeals court to consider whether he was mentally capable of caring for the child while also invoking the jury’s right to question witnesses in contesting his conviction and 37-year sentence.More.

Bill in Congress targets class actions

Trial lawyers contend the legislation would gut court access; defense attorneys say reforms are overdue.More.

Hard line on immigration has Indiana attorneys scrambling

Since President Donald Trump took office, lawyers are seeing more fear and more work from clients worried about deportation.More.

Cultivating the next generation

Attorney Joseph Smith is among a new cadre of leaders stepping into management positions, taking a seat on high-level committees or becoming practice chairs in large law firms. Baby boomers are retiring or transitioning from their practices, creating openings in leadership roles.More.

Curtis Hill formulating agenda as he settles in as attorney general

Given his lengthy career as a northern Indiana prosecutor, not much about being the state’s top attorney has surprised Curtis Hill.More.

Disability claims approval getting tougher

New rules could set the evidence bar higher despite sharp court rebukes of claim denials.More.

Focus

Religious exemption at heart of employee pension disputes

A trio of cases pending before the Supreme Court of the United States, which could require more than $1 billion in new funding for certain employee pension plans, revolves around a central question: What is a church?More.

Paying dues under right-to-work

Drivers claim illegal union withholdings in case where checkoff cards are key.More.

Adolay: The consequences of improper employee classification

A dangerous yet continued way of thinking by some companies is that the company can enter into a contract with an individual and call it an independent contractor agreement, agree on how that agreement will be structured, and be protected from liability normally attributed to an employer. This misconception carries a potential for significant damages for the company and its decision-makers.More.

Walker: EEOC investigative subpoena power to be tested

The Supreme Court of the United States is specifically addressing how appellate courts should review district courts’ decisions to quash or enforce an EEOC subpoena.More.

Opinion

Hammerle on ... 'Logan,' 'Kong: Skull Island'

Bob Hammerle says "Logan" may end up being one of the better movies this year.More.

Plugged In: 5 features to help you Excel

When thinking of Excel, many think of numbers and formulas and begin to have nightmares about high school math. However, this program can be used for so much more than number crunching and complex data models.More.

Federal Bar Update: Motions to reconsider; 7th Circuit conference in Indy

Judge Robert L. Miller recently addressed a motion to reconsider a ruling denying in part a defense motion for summary judgment; the opinion provides good guidance on whether and when such motions are appropriate.More.

Dunn: Indiana law, precedent lead to $2.6M settlement for sales rep

This article summarizes how a terminated commissioned sales representative achieved a settlement of over $2.6 million from an Indiana company.More.

DTCI: Counsel, can you spare the time?

A famous saying which came to exemplify the Great Depression was, “Brother, can you spare a dime?” My question posed to Hoosier attorneys is, “Counsel, can you spare some time?”More.

Inside the Criminal Case: Race, talking to jurors and impeachment

As is typical in these articles, nine years of hard work by attorneys is summarized in three paragraphs and some writer like me says, “eventually this case landed before the United States Supreme Court.”More.

Special Sections

Indiana Court Decisions Mar. 1-14, 2017

Read recent opinions.More.

Disciplinary Actions

Disciplinary Actions -3/22/17

Read who's recently been suspended or disbarred.More.

Bar Associations

IndyBar: Delivering Peace of Mind: Volunteer for Free Wills Clinic

For years, IndyBar attorneys have helped community members living in poverty to safeguard their futures through the IndyBar’s Free Wills Clinics (formerly known as the Low Asset Wills Program).More.

IndyBar Mourns Death of Past President

Robert “Bo” Hagemier, 1992 Indianapolis Bar Association President, passed away on Tuesday, March 14 at the age of 72.More.

IndyBar: Don’t Miss out on Free Fridays at the IndyBar!

Get more from your membership this year with Free Fridays at the IndyBar!More.

Nissa's News 3/22/17

March Madness: Live Well, Be WellMore.

IndyBar: Spanish Speakers Needed for Ask a Lawyer

Small time commitment, big impact—answer legal questions from the public at the IndyBar’s Ask a Lawyer program, coming up on Tuesday, April 11.More.

IndyBar: Get in on the Great Indy Clean-up with the IndyBar

Looking for a way to do good? We have just the thing! Join the IndyBar’s Young Lawyers Division (YLD) as they participate in Keep Indianapolis Beautiful’s Great Indy Clean-up on Saturday, April 29! More.

IndyBar: Data Security in the Cloud-Computing Era for Law Firms – An Introduction

Any discussion of data security in the cloud-computing era must first start with describing what the “cloud” is and what it can do.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.
childreninneed-2col.jpg chin logo

Indiana makes gains in permanent placement

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

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.

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.

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.

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.

What's next for Indiana's death penalty?

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

Escaping execution

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

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

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.
 


    FEATURED SUPPLEMENTS

Corporate
                              Counsel 2015Corporate Counsel Guide
Indiana Lawyer's 2017 Corporate Counsel Guide provides snapshot information about lawyers providing in-house legal counsel to Indiana's business community.

 

Leadership in Law 2016Leadership 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.

 
 
Sponsored by

Opinions March 29, 2017

7th Circuit Court of Appeals
Eric Mains v. Citibank, N.A., et al.
16-1985
Appeal from U.S. District Court for the Southern District of Indiana, New Albany Division. Judge Sarah Evans Barker.
Civil. Affirms dismissal of Eric Mains’ litigation challenging the impending foreclosure of his home. The state courts had resolved the claims he brought in the federal suit, so the district court properly dismissed the case. Modifies the judgment to show that most of his federal and state law claims are dismissed without prejudice and the remainder are dismissed with prejudice.
More.
ADVERTISEMENT
Subscribe to Indiana Lawyer
ADVERTISEMENT
  1. Actually, and most strikingly, the ruling failed to address the central issue to the whole case: Namely, Black Knight/LPS, who was NEVER a party to the State court litigation, and who is under a 2013 consent judgment in Indiana (where it has stipulated to the forgery of loan documents, the ones specifically at issue in my case)never disclosed itself in State court or remediated the forged loan documents as was REQUIRED of them by the CJ. In essence, what the court is willfully ignoring, is that it is setting a precedent that the supplier of a defective product, one whom is under a consent judgment stipulating to such, and under obligation to remediate said defective product, can: 1.) Ignore the CJ 2.) Allow counsel to commit fraud on the state court 3.) Then try to hide behind Rooker Feldman doctrine as a bar to being held culpable in federal court. The problem here is the court is in direct conflict with its own ruling(s) in Johnson v. Pushpin Holdings & Iqbal- 780 F.3d 728, at 730 “What Johnson adds - what the defendants in this suit have failed to appreciate—is that federal courts retain jurisdiction to award damages for fraud that imposes extrajudicial injury. The Supreme Court drew that very line in Exxon Mobil ... Iqbal alleges that the defendants conducted a racketeering enterprise that predates the state court’s judgments ...but Exxon Mobil shows that the Rooker Feldman doctrine asks what injury the plaintiff asks the federal court to redress, not whether the injury is “intertwined” with something else …Because Iqbal seeks damages for activity that (he alleges) predates the state litigation and caused injury independently of it, the Rooker-Feldman doctrine does not block this suit. It must be reinstated.” So, as I already noted to others, I now have the chance to bring my case to SCOTUS; the ruling by Wood & Posner is flawed on numerous levels,BUT most troubling is the fact that the authors KNOW it's a flawed ruling and choose to ignore the flaws for one simple reason: The courts have decided to agree with former AG Eric Holder that national banks "Are too big to fail" and must win at any cost-even that of due process, case precedent, & the truth....Let's see if SCOTUS wants a bite at the apple.

  2. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  3. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  4. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  5. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.