Last UpdatedFRI., MAY 6, 2016 - 3:07 PM

Fee shifts an issue for court reporters

In certain situations, Tom Richardson will watch two attorneys in a deposition and will know one is going to get stuck with a bigger bill for the same service.More.

COA: Defense lawyer’s ‘questionable’ conduct not reversible error02:27 pm

Dave Stafford
A defense attorney who provided evidence to the state of her client’s involvement in a separate case where he was one of six people charged with brutalizing and sexually assaulting members of an Indianapolis family in their home did not commit reversible error, the Indiana Court of Appeals ruled Friday.More.

Split COA reinstates suit of pedestrian hit by deputy’s vehicle01:48 pm

Dave Stafford
A man who was walking on the wrong side of the road in dark clothes at night and was struck by a Marion County deputy driving a jail transport vehicle may pursue his negligence claim, a divided Indiana Court of Appeals panel ruled Friday, reversing the trial court.More.

Carmel's attempted annexation of Home Place back in court01:30 pm

Lindsey Erdody
After years of both parties agreeing to delay the case, the annexation battle between the city of Carmel and a small area in Clay Township known as Home Place is back in the courts.More.

In This Issue

MAY 4-17, 2016
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Local providers are concerned about billing practices of some national companies in which the companies give the lawyers who hire them a discount and making up for the loss by charging the opposing lawyer a much higher rate. An Indianapolis attorney turned his midlife "crisis" into a "dream" by recording a studio album with a little help from his friends. In Justice Brent Dickson's last oral argument, the Indiana Supreme Court weighs to the duty of care for house party hosts.

Top Stories

Fee shifts an issue for court reporters

In certain situations, Tom Richardson will watch two attorneys in a deposition and will know one is going to get stuck with a bigger bill for the same service.More.

Lawyer turns ‘crisis’ into ‘dream’ with album made with pros

Craig Helmreich says he couldn’t have planned his midlife crisis any better.More.

Justices weigh duty of care for house party hosts

Indiana Supreme Court Justice Steven David posed a graphic hypothetical to an attorney defending a liability suit against a homeowner who hosted a party where a guest died after a fight. David’s scenario encapsulated the justices’ apparent concern over a trial court’s grant of summary judgment in the homeowner’s favor.More.

Undocumented immigrant issues left unanswered

A recent Indiana Court of Appeals decision didn’t provide the guidance one attorney had hoped from the court regarding injured undocumented workers. But the judges did decide that the worker’s immigration status is important in his lawsuit.More.

Immigration debate returns to Statehouse

A special Senate committee is looking at undocumented Hoosiers and stirs up some controversy in the process.More.

Bluebook: Here to stay, but lawyers don’t have to like it

A valuable way to standardize citations and make court cases and sources easier to find, or “560 pages of rubbish” as 7th Circuit Judge Richard Posner said in a recent article for the Green Bag? That’s been the debate over The Bluebook: A Uniform System of Citation for several years.More.


US Supreme Court ruling affirms class waivers in arbitration clauses

In today’s marketplace, consumers have a choice when purchasing such things as cellphones, banking services and even medical procedures. Sign the contract and get the product. Don’t sign the contract and don’t get the product.More.

Funding, use of ADR in family law cases varies in courts around state

Rensselaer lawyer Samantha Joslyn has handled family law cases filed at the Jasper County courthouse and in several surrounding counties in northwest Indiana. She said whether those cases will be mediated depends in large part on the court where the case is filed.More.

Keyes: An alternative alternative dispute resolution process

The components of structured negotiation are not new; people resolve problems every day without resorting to litigation. But now the process has been better defined, refined and expanded.More.


Jones: Examining the evolution of hospitals’ vicarious liability

The evolution of legal precedent regarding vicarious liability claims has left hospitals shifting in their seats.More.

Dean's Desk: New faculty continue legacy of legal scholarship

Inspired and challenged by the school's awesome legacy, IU Maurer has been fortunate to recruit some of the most promising rising stars in legal education today, all of whom are classroom standouts as well.


Hammerle on ... 'The Jungle Book,' 'Elvis & Nixon'

Bob Hammerle says "Elvis & Nixon" is a hidden cinematic gem.More.

Neutral Corner: Recent appellate case raises mediation issues

The recent Indiana Court of Appeals decision Jonas v. State Farm Life Ins. Co., ____N.E. 3d ______, 2016 WL 1248589 (Ind. Ct. App. 2016) highlights several issues concerning mediation and settlement in both state and federal courts.More.

In Brief

Pence argues email privacy ruling should apply to him, too

Gov. Mike Pence is using a recent Indiana Supreme Court decision to argue that he should not be required to release documents that have been deemed by law to be public records.More.

Indiana Lawyer wins 3 'Best in Indiana' journalism awards

Indiana Lawyer won three awards at the Society of Professional Journalists' Best in Indiana competition Friday night, including a first place award for coverage on its 2015 Practicing Law in Indiana survey.More.

Divided justices deny rehearing asbestos statute of repose case

The Indiana Supreme Court issued an order declining to rehear a case that ended the statute of repose on prolonged asbestos cases by a 3-2 vote Thursday, with the same justices who voted to end the statute of repose voting against the rehearing.More.

Special Sections

Indiana Court Decisions - April 13-26, 2016

Read recent appellate decisions involving Indiana cases.More.

On The Move

Lawyers on the Move

Read who's recently joined an Indiana firm, joined a board or honored for their work.More.

Bar Associations

DTCI: A protracted push and pull

The Indiana Supreme Court’s history with asbestos litigation and its statute of repose.More.

Campbell: Everything Is AWESOME!!! At The Indianapolis Bar Foundation

Everything is AWESOME!!! from the "Lego Movie" is really about what the Indianapolis Bar Foundation (IBF) does every day—advance justice and lead positive change in our community through philanthropy, education, and service. And, yes, that work is awesome!More.

IndyBar: IndyBar Service Plays a Supporting Role in Historic Oral Argument

Josh Tatum discusses the Indiana Appellate Institute.More.

IndyBar: Cheryl Keene Named IndyBar Paralegal of the Year

The Indianapolis Bar Association is proud to recognize Cheryl Keene of Cohen & Malad LLP as the association’s Paralegal of the Year for 2016.More.

IndyBar: Stay in the Loop with News and Resources Just for Solo/Small Firm Attorneys!

Signing up for the new IndyBar solo/small firm listserv is easy AND FREE! This new resource gives you a chance to personally interact with colleagues to solve a problem and provide tips and guidance.More.

IndyBar: New IndyBar Resource Available to Marion County Litigators

IndyBar members will be walking into the courtroom with even more confidence, thanks to a recent resource compiled by the association’s Litigation Section.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.

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.


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.

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


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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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 2015Corporate Counsel Guide
Indiana Lawyer's 2016 Corporate Counsel Guide provides snapshot information about lawyers providing in-house legal counsel to Indiana's business community.


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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.

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Opinions May 6, 2016

Indiana Court of Appeals
Barbara Hill, individually and as guardian of Charles Hill, incapacitated, and as next friend of Alexandra Hill, a minor, et al. v. Erich E. Gephart, City of Indianapolis, et al.
Civil tort. Reverses summary judgment in favor of city of Indianapolis defendants on the Hills’ claim of negligence and intentional infliction of emotional distress arising from Erich Gephart driving a jail transport vehicle that struck and injured Charles Hill. Remands for proceedings.
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  1. Paul Ogden doing a fine job of remembering his peer Gary Welsh with the post below and a call for an Indy gettogether to celebrate Gary .... Castaways of Indiana, unite!

  2. It's unfortunate that someone has attempted to hijack the comments to promote his own business. This is not an article discussing the means of preserving the record; no matter how it's accomplished, ethics and impartiality are paramount concerns. When a party to litigation contracts directly with a reporting firm, it creates, at the very least, the appearance of a conflict of interest. Court reporters, attorneys and judges are officers of the court and must abide by court rules as well as state and federal laws. Parties to litigation have no such ethical responsibilities. Would we accept insurance companies contracting with judges? This practice effectively shifts costs to the party who can least afford it while reducing costs for the party with the most resources. The success of our justice system depends on equal access for all, not just for those who have the deepest pockets.

  3. As a licensed court reporter in California, I have to say that I'm sure that at some point we will be replaced by speech recognition. However, from what I've seen of it so far, it's a lot farther away than three years. It doesn't sound like Mr. Hubbard has ever sat in a courtroom or a deposition room where testimony is being given. Not all procedures are the same, and often they become quite heated with the ends of question and beginning of answers overlapping. The human mind can discern the words to a certain extent in those cases, but I doubt very much that a computer can yet. There is also the issue of very heavy accents and mumbling. People speak very fast nowadays, and in order to do that, they generally slur everything together, they drop or swallow words like "the" and "and." Voice recognition might be able to produce some form of a transcript, but I'd be very surprised if it produces an accurate or verbatim transcript, as is required in the legal world.

  4. Really enjoyed the profile. Congratulations to Craig on living the dream, and kudos to the pros who got involved to help him realize the vision.

  5. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?