Last UpdatedFRI., MARCH 24, 2017 - 3:23 PM
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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.

Jury awards $6.1M to brothers injured in Marion crash

A judge this week certified what’s believed the largest-ever Grant County jury trial award of damages in a case stemming from a fatal car crash that happened almost eight years ago.More.

Lawsuits blaming Saudi Arabia for 9/11 get new life

For years, family members of those killed on Sept. 11 and insurance companies tried unsuccessfully through the courts to hold Saudi Arabia or businesses and organizations there responsible for the terrorist attacks. Now that Congress has cleared the way, they're making a fresh effort.More.

Judge in Virginia declines to block travel ban

In a sweeping affirmation of presidential authority, a federal judge in Virginia ruled against a Muslim civil-rights group that sought to block the Trump administration's proposed travel ban.More.

In This Issue

MARCH 22-APRIL 4, 2017
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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.
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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.

Marion County a model for juvenile detention reforms

Detention alternatives, Initial Hearing Court draw national praise.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.

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.

What's next for Indiana's juvenile system?

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

Teens share stories about juvenile justice experience

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


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

 

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Opinions March 23, 2017

Indiana Court of Appeals
John E. Warner, Jr.; Rick Clay; Sam Early; Brian Goeglein; Mike Campbell; Brad Wilson; and John Zimmerman v. Chauffeurs, Teamsters, and Helpers Local Union No. 414 and Speedway Redi Mix, Inc.
02A04-1608-PL-2017
Civil plenary. Affirms in part and reverses in part. Affirms the trial court’s dismissal of drivers’ claim the union was receiving their dues in violation of Indiana’s right-to-work law and their associated claim of recovery of money had and received. The drivers’ claim based on the dues checkoffs is a claim over which Indiana courts have no jurisdiction.More.
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  1. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  2. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  3. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  4. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  5. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.