Last UpdatedFRI., OCTOBER 2, 2015 - 2:51 PM

7th Circuit tosses slating system for Indy judges

Now that Indianapolis’ pay-to-play slating system that evenly divvied judgeships between Democrats and Republicans has been ruled unconstitutional, it’s up to the General Assembly to figure out how Marion County should select its judges.More.

Rogue nurse prompts call to revisit privacy rulings

Marilyn Odendahl
Noting technology is advancing faster that privacy law, an Indiana Court of Appeals judge is urging the Indiana Supreme Court to revisit precedent regarding invasion of privacy claims.More.

Indiana Supreme Court awards adult guardianship grants

Marilyn Odendahl
Nine agencies across the state have collectively received more than $400,000 from the Indiana Supreme Court to help fund volunteer-based adult guardianship programs.More.

Evansville attorneys meet with future ABA president

Marilyn Odendahl
The American Bar Association president-elect Linda Klein visited with Evansville attorneys Friday to talk about how the national organization can better serve the legal profession.More.

In This Issue

Sept. 23-Oct. 6, 2015
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Now that Indianapolis' pay-to-play system that divvied judgeships between Democrats and Republicans has been ruled unconstitutional, it's up to the General Assembly to figure out how Marion County should select it's judges. Proposals to increase the state-imposed $1.25 million cap on damages in medical malpractice cases have some unlikely supporters: Indiana hospitals. Recently, Barnes & Thornburg and the Indiana Bar Foundation honored Shirley Shideler during a special reception at the firm's Indianapolis office to pay homage to her legacy and to recognize other women blazing trails in the legal field.

Top Stories

7th Circuit tosses slating system for Indy judges

Now that Indianapolis’ pay-to-play slating system that evenly divvied judgeships between Democrats and Republicans has been ruled unconstitutional, it’s up to the General Assembly to figure out how Marion County should select its judges.More.

Hospital group favors raising limit on medical malpractice damages

Proposals to increase the state-imposed $1.25 million cap on damages in medical malpractice cases have some unlikely supporters: Indiana hospitals.More.

Longtime attorney, public servant’s book asserts perks prevail

Indianapolis attorney Donald P. Bogard started writing a critique of some of America’s most intractable political problems in 2006. His book is out, but the problems haven’t changed.More.

Profession honors women who have blazed trails in the law

Recently, Barnes & Thornburg and the Indiana Bar Foundation honored Shirley Shideler during a special reception at the firm’s Indianapolis office to pay homage to her legacy and to recognize three women who are blazing trails of their own in the legal field.More.

Indianapolis Mass Ave. firm splits

Although the law firm of Price Waicukauski & Riley has split, the plaintiff’s lawyers, who have successfully handled complex litigation and large class actions, say the separation is amicable and their respective practices will continue.More.

After the verdict, attorneys have learning opportunity

In both federal and state courts, jury feedback occurs after a trial is over. Despite how helpful attorneys and jurors often find this extra step, though, it isn’t always part of the process.More.

The juror experience: deliberating the verdict

Determining the final outcome of a case may bring about feelings of apprehension and stress, and leave jurors second-guessing their decision.More.

Hamilton County pursuing judicial center expansion

Hamilton County officials are moving forward with an expansion plan for the county’s judicial center instead of constructing a new building east of State Road 37 — in part to keep workers and users in downtown Noblesville.More.

Indiana Supreme Court releases 2015 annual report

The Indiana Supreme Court has released its annual report covering the fiscal year July 1, 2014-July 1, 2015. The report may be viewed at


First TDSIC tracker petition short circuits, but power turned on

Three months after legislation was approved at the Indiana Statehouse allowing utility companies to pass along the costs of upgrading their infrastructure to consumers, Northern Indiana Public Service Co. took the new law out for a test drive.More.


Start Page: to-do list adjustments to help beat procrastination

While a legal pad and pen are forms of technology, and can be very effective, you should be tracking your to- do’s with digital tools.More.

Express your views on practicing law in Indiana

If you have not had an opportunity to take our survey, please take a moment to do so at

Attorney Lawrence Reuben remembered for community activism

Indianapolis attorney Lawrence M. Reuben, who created a strong legacy of community activism, died Sept. 11, 2015. He was 67 years old.More.

Reuben didn’t forget when local club turned him away

Note my musings on friend Larry Reuben on the occasion of the spring opening of the Riviera Club pool.More.

Hammerle On... 'A Walk in the Woods', 'Meru', 'Jimmy's Hall'

Bob Hammerle writes of "A Walk in the Woods": "Despite negative reviews, this film should be seen by everyone over 50 or anyone wondering what it will be like at that age."More.

In Brief

Brookman selected as U.S. magistrate judge

Evansville attorney Matthew P. Brookman has been selected to be a magistrate judge in the federal court for the Southern District of Indiana, Chief Judge Richard L. Young  announced Tuesday.More.

Tickets for benefit dinner featuring journalist Bob Woodward now available

Reservations for the Indiana Bar Foundation’s 65th anniversary dinner are now available online.More.

Lawsuit: IMPD officers fatally shot unarmed man

The family of an Indianapolis man fatally shot by police sued the city and numerous other defendants Thursday in a civil rights lawsuit claiming he was unarmed, unjustifiably shot in the back, and the victim of a police cover-up.More.

Ex-lawyer accused of bilking relatives pleads not guilty

A former Madison attorney accused of bilking relatives out of nearly $2 million has pleaded not guilty to those charges.More.

IU Maurer, national law firm to offer unique educational program

From bachelor’s degree to J.D. to a job, Indiana University Maurer School of Law is providing a smooth transition for talented undergraduates interested in finance and the law.More.

Diocese appeals $403K award to former Fort Wayne teacher

The Roman Catholic Diocese of Fort Wayne-South Bend has appealed a judgment of more than $403,000 to be paid to a former language arts teacher who was fired after seeking several in vitro fertilization treatments.More.

Final defendant in state fair stage collapse suit dismissed

A security company named in a class-action lawsuit filed by victims of the deadly 2011 Indiana State Fair stage collapse has become the final defendant dismissed from that case.More.

General Motors settles criminal case over ignition switches

General Motors admitted it failed to disclose to the public a deadly problem with small-car ignition switches as part of a $900 million deal reached with federal authorities to avoid criminal charges, authorities announced Thursday.More.

Special Sections

Indiana Court Decisions: Sept. 2 to 15, 2015

Read recent appellate decisions from Indiana courts.More.

Lawyer Softball League wraps 2015 season

The Indianapolis Lawyers Softball League recently wrapped its 2015 season with the “Pokers” claiming the championship title.More.

On The Move

On the Move-9/23/15

Read who's recently joined an Indiana firm.More.

Disciplinary Actions

Disciplinary Actions-9/23/15

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

Bar Associations

Show Up and Sign Up - It’s Good for You!

The Family Law Section and the Pro Bono Standing Committee invite you to the inaugural Show Up to Sign Up, a social networking event to be held at the Indianapolis Bar Association Education Center on October 14 from 4 to 5 p.m.More.

Hopelessness in Indianapolis: Can We Do Anything About It?

Hopelessness in Indianapolis? Please, take a moment and consider the meaning of hopelessness. Can any of us even imagine what it would be like to be hopeless? Indeed, being hopeful is simply a standard state of mind for most of us.More.

Court provides guidance to worker’s comp practice

These decisions reveal the board’s position on issues before it and provide practice refreshers and guidance to attorneys who practice before the Worker’s Compensation Board of Indiana.More.

IndyBar: Final Appointments Made for 2016 Board of Directors

The slate for the 2016 Indianapolis Bar Association Board of Directors is now complete with the appointment of four Vice Presidents and the Counsel to the Board by President-Elect Judge Robyn Moberly of the United States Bankruptcy Court for the Southern District of Indiana.More.

IndyBar: Statement Regarding 7th Circuit Judicial System Decision

The Indianapolis Bar Association (“IndyBar”) is reviewing the decision of the 7th Circuit Court of Appeals holding the Marion County judicial selection system unconstitutional.More.

DTCI: Paralegal Service Project

The DTCI Paralegal Section is organizing support for a 10-member special operations detachment military troop currently stationed overseas. The troop’s biggest wish is for gift cards to pay for Internet service, which they must buy themselves.More.

DTCI: Insurance Section Roundtable

Join the DTCI Insurance Section for a roundtable discussion with Judge Mark Smith of Hendricks County Superior Court and Judge Matthew Kincaid of Boone Superior Court at Tow Yard Brewing Company in Indianapolis at 3 p.m. on Sept. 24.More.

IndyBar: Bar Leader Series Class Kicks Off at Ice Breaker, Retreat

The class kicked off the 13th iteration of the series, which runs from September 2015 to May 2016, at a recent ice breaker reception with alumni on September 3 and a leadership and skills-developing retreat Sept. 10 and 11.More.

IndyBar: Civility. Courtesy. Respect. Professionalism.

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

Indybar: Frontlines

Thank You, Legal Line Volunteers!, Welcome New Citizens at Naturalization Ceremonies, Calling All IndyBar Paralegals!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


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.


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.

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.


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.

'Out of the court's hands'

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


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



More Trial Reports


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.


Leadership in
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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.


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


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Indiana Lawyer's 2014 Corporate Counsel Guide provides snapshot information about lawyers providing in-house legal counsel to Indiana's business community.

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Opinions Oct. 2, 2015

Indiana Court of Appeals
Courtney R. Robbins v. The Trustees of Indiana University and Clarian Health Partners, Inc.
Civil tort. Affirms summary judge in favor of the Trustees of Indiana University and Clarian Health Partners Inc. This suit was filed after Tiffaney DeBow, a licensed practical nurse, accessed Robbins’ medical files and posted them on the Internet. The COA ruled Clarian is not vicariously liable for DeBow’s actions because she was not directly employed by Clarian. Similarly finds IU is not subject to vicarious liability because DeBow was acting outside the scope of her employment. Holds IU is not guilty of negligent hiring. Judge Terry Crone concurs in part and concurs in result in part. He urges the Indiana Supreme Court to revisit invasion of privacy precedent in light of today’s rapidly changing technology. 

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  1. This new language about a warning has not been discussed at previous meetings. It's not available online. Since it must be made public knowledge before the vote, does anyone know exactly what it says? Further, this proposal was held up for 5 weeks because members Carol and Lucy insisted that all terms used be defined. So now, definitions are unnecessary and have not been inserted? Beyond these requirements, what is the logic behind giving one free pass to discriminators? Is that how laws work - break it once and that's ok? Just don't do it again? Three members of Carmel's council have done just about everything they can think of to prohibit an anti-discrimination ordinance in Carmel, much to Brainard's consternation, I'm told. These three 'want to be so careful' that they have failed to do what at least 13 other communities, including Martinsville, have already done. It's not being careful. It's standing in the way of what 60% of Carmel residents want. It's hurting CArmel in thT businesses have refused to locate because the council has not gotten with the program. And now they want to give discriminatory one free shot to do so. Unacceptable. Once three members leave the council because they lost their races, the Carmel council will have unanimous approval of the ordinance as originally drafted, not with a one free shot to discriminate freebie. That happens in January 2016. Why give a freebie when all we have to do is wait 3 months and get an ordinance with teeth from Day 1? If nothing else, can you please get s copy from Carmel and post it so we can see what else has changed in the proposal?

  2. Here is an interesting 2012 law review article for any who wish to dive deeper into this subject matter: Excerpt: "Judicial interpretation of the ADA has extended public entity liability to licensing agencies in the licensure and certification of attorneys.49 State bar examiners have the authority to conduct fitness investigations for the purpose of determining whether an applicant is a direct threat to the public.50 A “direct threat” is defined as “a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices or procedures, or by the provision of auxiliary aids or services as provided by § 35.139.”51 However, bar examiners may not utilize generalizations or stereotypes about the applicant’s disability in concluding that an applicant is a direct threat.52"

  3. We have been on the waiting list since 2009, i was notified almost 4 months ago that we were going to start receiving payments and we still have received nothing. Every time I call I'm told I just have to wait it's in the lawyers hands. Is everyone else still waiting?

  4. I hope you dont mind but to answer my question. What amendment does this case pretain to?

  5. Research by William J Federer Chief Justice John Marshall commented May 9, 1833, on the pamphlet The Relation of Christianity to Civil Government in the United States written by Rev. Jasper Adams, President of the College of Charleston, South Carolina (The Papers of John Marshall, ed. Charles Hobson, Chapel Hill: Univ. of North Carolina Press, 2006, p, 278): "Reverend Sir, I am much indebted to you for the copy of your valuable sermon on the relation of Christianity to civil government preached before the convention of the Protestant Episcopal Church in Charleston, on the 13th of February last. I have read it with great attention and advantage. The documents annexed to the sermon certainly go far in sustaining the proposition which it is your purpose to establish. One great object of the colonial charters was avowedly the propagation of the Christian faith. Means have been employed to accomplish this object, and those means have been used by government..." John Marshall continued: "No person, I believe, questions the importance of religion to the happiness of man even during his existence in this world. It has at all times employed his most serious meditation, and had a decided influence on his conduct. The American population is entirely Christian, and with us, Christianity and Religion are identified. It would be strange, indeed, if with such a people, our institutions did not presuppose Christianity, and did not often refer to it, and exhibit relations with it. Legislation on the subject is admitted to require great delicacy, because freedom of conscience and respect for our religion both claim our most serious regard. You have allowed their full influence to both. With very great respect, I am Sir, your Obedt., J. Marshall."