Last UpdatedMON., JULY 6, 2015 - 10:46 AM
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E-filing pilot begins in Indiana

Lawyers will have to file electronically in all Indiana state courts by the end of 2018, according to a plan overseen by Supreme Court Justice Steven David and Court of Appeals Judge Paul Mathias. Hamilton County will get the ball rolling in a few weeks.More.

AG announces settlement in dollar store merger10:44 am

Indiana has joined 16 states in a Federal Trade Commission settlement as Dollar Tree Inc., prepares to acquire rival deep-discount store chain Family Dollar Stores Inc.

More.

7th Circuit rejects second challenge at ACA contraception mandate

Marilyn Odendahl
The 7th Circuit Court of Appeals has again rejected a college’s argument against having to give notification that it does not want to provide coverage for contraceptives as required under the Affordable Care Act.More.

Firefighter allegedly targeted with noose sues ex-official

A black Marion firefighter whose wife belongs to the family of a lynching victim has filed a federal lawsuit against an assistant fire chief who allegedly tied a rope into a noose.More.

In This Issue

July 1-14, 2015
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Lawyers will have to file electronically in all Indiana state courts by the end of 2018, according to a plan overseen by Supreme Court Justice Steven David and Court of Appeals Judge Paul Mathias. Hamilton County will get the ball rolling in a few weeks. Local efforts to limit Fourth of July festivities fizzle because of state law. While it's now common at criminal trials, St. Joseph County obtained its first conviction using DNA evidence in 1992.

Top Stories

Drawing the line regarding bystanders

A moped fatality case before the Indiana Supreme Court tests who may press negligent infliction of emotional distress claims.More.

Most new Indiana laws effective July 1

Read about the new laws passed during the 2015 session.More.

Evolving science helps link defendants to crime

St. Joseph County obtained its first conviction using DNA evidence in 1992.More.

$6 million Indy jail fail

The city of Indianapolis spent more than $6 million on a justice center proposal that died last month on the floor of the City-County Council. Law firms collected nearly 80 percent of the total.More.

E-filing pilot begins in Indiana

Lawyers will have to file electronically in all Indiana state courts by the end of 2018, according to a plan overseen by Supreme Court Justice Steven David and Court of Appeals Judge Paul Mathias. Hamilton County will get the ball rolling in a few weeks.More.

MDL panel picks California for Anthem lawsuits

Indianapolis law firms that filed suit against the insurance giant after massive cyberbreach are surprised cases won’t be tried in IndianaMore.

Local efforts to limit Fourth of July festivities fizzle

Not everyone is having a blast over the explosion of fireworks use in Indiana in recent years. But local attempts so far to curb the concussions have bombed.More.

Focus

Project targets elderly in high-conflict families

Steuben County is a test site for a new eldercaring coordination program.More.

Justices suspend lawyer who defrauded seniors of $19M

An Indianapolis lawyer who pleaded guilty more than six months ago to four felony counts of securities fraud from a Hamilton County real estate Ponzi scheme was suspended from the practice of law Thursday.More.

Opinion

Hammerle on ...'Jurassic World,' 'Inside Out'

Bob Hammerle writes that "Jurassic World" poses a small, interesting questions for the obvious sequel. What if the U.S. could release Velociraptors of enemies like ISIS?More.

Start Page: Secure your life with a password manager

This article will offer some suggestions on how to protect yourself using a password manager.More.

In Brief

Comment sought on possible child support guideline changes

The Indiana Supreme Court is considering altering the child support guidelines, which provide a measure for determining the amount of child support each parents owes.More.

SCOTUS upholds nationwide health care law subsidies

The Supreme Court of the United States on Thursday upheld the nationwide tax subsidies under President Barack Obama's health care overhaul, in a ruling that preserves health insurance for millions of Americans.More.

Supreme Court extends same-sex marriage nationwide

The Supreme Court of the United States has declared that same-sex couples have a right to marry anywhere in the United States. The decision was 5-4.More.

Special Sections

Open House: Incorporating culture into design

The Indianapolis office of Quarles & Brady LLP is designed and decorated according to the idea that the most important conversations can happen outside the conference rooms and attorney offices.More.

Indiana Court Decisions: June 10 to 23, 2015

Read recent Indiana appellate court decisions.More.

On The Move

On the Move-7/1/15

Read who's joined a new firm.More.

Disciplinary Actions

Disciplinary Actions: 7/1/15

Read who's been disbarred by the Indiana Supreme Court.More.

Bar Associations

DTCI: Limiting the use of ‘subject to and without waiving’ objections

“Subject to and without waiving these objections” is a common phrase that I am sure most of us have used and encountered in discovery responses. Courts, however, are rejecting the phrase and holding that the responding party has waived any objections that may have been asserted. The reasoning makes sense and should encourage most of us to limit our use of the phrase whether we practice in state or federal court.More.

IndyBar: Deadline Approaching for 2015 Impact Fund Grant

For a non-profit organization, $35,000 can mean the difference between whether a program or initiative ever makes it to fruition or remains a dream—the difference between whether our neighbors receive the assistance they need or are left helpless—the difference between whether our city thrives or withers.More.

Trimble: Reflections on a ‘Family Reunion’: Bench Bar 2015

It was over as quickly as it started ... an overdose of food, fun, friends and education. For me, as IndyBar president this year, Bench Bar 2015 will long be etched in my memory. It was all I had hoped it might be and more.More.

IndyBar: Meet Antoinette Dakin Leach

In 1893, Antoinette Dakin Leach made history as the first woman to challenge a bar admission denial based on gender.More.

IndyBar: Clean Out Supply Closets and Stock the Schools

With over half of the children in Marion County unable to afford school lunch, it shouldn’t be a surprise that there are little funds available for these students to purchase the supplies they need to succeed in the classroomMore.

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.

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.

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.

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 July 2, 2015

7th Circuit Court of Appeals
The following opinions were issued after IL deadline Wednesday.

U.S.A. v. Willie J. Harris
14-1846
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Philip P. Simon
Criminal. Affirms convictions of fraud, conspiracy to commit fraud with identification documents, production and trafficking in counterfeit devices, and aggravated identity theft. Finds a notebook taken from Harris’ truck was admissible at trial and the evidence was sufficient to support his convictions. Also finds the District Court did not err in applying sentencing enhancements.More.
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  1. I particularly could care-less if my attorney is wearing socks or not. I am more concerned about the his/her capability to make eloquent arguments in my defense. My lawyer is not there to play dress up and the Judge's priorities should not lie on other's attire. Law is not and should not be consider a business! It is social work and if this people are not doing their jobs appropriately. It is our society which ends up losing in the end.

  2. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

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  4. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  5. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.