In This Issue

OCT. 7-20, 2015
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Lawyers who’ve taken a stab at fencing say there’s no other sport quite like it. When reason leaves the room, an analytical approach can lead a path to dispute resolution. A first impression ruling that a bicyclist's death in a car crash is not covered under insurance policy is "harsh and unfair," according to one appellate judge.

Top Stories

The waiting game delays medical malpractice claims going to court

Lawmakers recently received conflicting diagnoses for review panels that evaluate medical malpractice claims. Some see them as broken, while others say they represent an ideal system that just needs some TLC.

Remonstrators’ victories are short-lived

In a string of reversals from the Indiana Court of Appeals, the judiciary seems to be saying that if a municipality indicates it will need the additional territory at some point in the future, then that is enough to allow an annexation to move forward.

Clark County drug court wrongly jailed 63, order says

A southern Indiana drug treatment court unjustly jailed scores of program participants for an average time of almost seven weeks. The detentions are detailed in a magistrate judge’s proposed order to certify classes in a federal civil rights lawsuit former drug court participants filed against an ex-judge and other officials.

Insurance policy v. public policy

A starkly divided Indiana Court of Appeals opinion over whether insurance should be in play after a bicyclist was killed by an unauthorized motorist may be appealed to the Indiana Supreme Court.

Indiana Bar Foundation celebrates 65th anniversary

The Indiana Bar Foundation, started in 1950, has grown over the years but its mission has always been the same – promoting civic education and improving access to justice.

Journalist Bob Woodward finds new piece to Nixon puzzle

Journalist Bob Woodward's new book, history, and the lessons of leadership will all be part of Woodward’s talk when he comes to Indianapolis Nov. 6. Woodward is the keynote speaker at the Indiana Bar Foundation’s 65th anniversary benefit dinner.

Justices: Survivors cannot recover attorney fees

The ambiguous phrase, “including but not limited to” in the state’s wrongful death statutes has again caught the attention of the Indiana Supreme Court, but this time the justices cautioned against broad interpretation.

Attorneys en garde!

Lawyers who’ve taken a stab at fencing say there’s no other sport quite like it. More to the point, they say competing with the blade sharpens their legal acumen and attacks the stresses of the profession.


Method to the mediation

When "reason leaves the room," an analytical approach can lead a path to dispute resolution.

Terzo: Arbitration is viable alternative in family law disputes

It wasn’t until the 1990s that arbitration began to be seriously considered for family law cases. At that time there was no statute specifically directed to family law arbitration, and Indiana had no caselaw regarding family law arbitration. Our current statute, I.C. 34-57-5-1, et seq, was enacted in 2005. It answered many of the questions attorneys had.

Brown: Can the gladiator make peace?

It is the concept of the peacemaker that so clearly expresses the role of the mediator.


Inside the Criminal Case: New playbook for prosecuting white collar crime

There is a theme that permeates the news reporting of the 2008 financial crisis: no one went to jail as a consequence. In possible reaction to this theme, the U.S. Department of Justice recently issued a bulletin that has since been referred to as the “Yates Memo.”

Neutral Corner: Mediation communications in legal malpractice actions

The legal malpractice case of Cassel v. Superior Court of Los Angeles County, 244 P. 3d 1080 (2011), continues to ricochet through the California mediation community and court system, and the issue it raised is now headed to the Legislature.

Indiana Judges Association: The online life of judges requires prudence

We legal professionals have a unique role to translate ancient theorems into optic fiber. Along with that obligation arises a longstanding devotion to ensuring the world understands what law is and has always been: an imperfect process to determine “facts” and apply the rules.

Hammerle On … 'Grandma,''Black Mass'

Bob Hammerle writes that "Black Mass" demonstrates the downside of our national character.

Dean's Desk: Surveys give insight on graduates’ careers

Lately I have been spending some fruitful hours reviewing a treasure trove of data collected by a 12-year-long longitudinal study of law graduates who passed the bar in the year 2000. The survey results are available in a publication called “After the JD.” I commend it to your attention.

DTCI: Second chair is not second fiddle

I had the privilege of being the second chair at my first jury trial in March of this year. As I begin preparations for my next trial as second chair, I have been reflecting on what I learned the first go-round. I share my thoughts here with the hope that they will help other young attorneys – or even a seasoned attorney when he or she mentors young attorneys.

In Brief

Conour ‘American Greed’ episode airdate set

The true-crime documentary series “American Greed” next month will air an episode featuring convicted fraudster and former high-powered Indiana attorney William Conour.

7th Circuit mourns death of Judge Cudahy

Judge Richard Cudahy, an active senior judge on the 7th Circuit Court of Appeals, died Tuesday at his Illinois home.

Longest-serving COA judge dies Thursday

Patrick D. Sullivan, the longest-serving Indiana Court of Appeals judge in the court’s history, died Thursday after a brief illness, the court announced. He was 83.

Special Sections

Indiana Court Decisions - Sept. 16 to 29, 2015

Read recent appellate opinions.

Disciplinary Actions

Disciplinary Actions - 10/7/15

Read who's been suspended by the Indiana Supreme Court.

Bar Associations

IndyBar: Pandemic Preparedness CLE Stays Ahead of Flu Season

Last fall, the country dealt with the Ebola crisis, and flu season will be here before you know it. When IndyBar attorneys recognized the guidance organizations needed in order to deal with these outbreaks, they did something about it. Members of the Health Care & Life Sciences Section and the Labor & Employment Law Section planned an upcoming CLE addressing Pandemic Preparedness: Legal, Employment and Ethical Considerations on Tuesday, Oct. 13.

IndyBar: Peace Learning Center Named 2015 Impact Fund Grant Recipient

With help from the Indianapolis Bar Foundation, more than 2,500 local school children will gain access to critical conflict resolution skills through an innovative Restorative Justice program spearheaded by Peace Learning Center (PLC). PLC was recently named the recipient of the Indianapolis Bar Foundation’s 2015 Impact Fund grant, which will provide $35,000 in funding to make this essential program possible.

Herceg: Millennials Unite: Join Up and #SHOWUP for Yourself and Your Community

The number of Millennials joining and participating in bar associations is declining. John Trimble, Terrance Tharpe and others have previously touted the benefits of joining and participating in bar associations, but this guest column (thanks to John for the invitation) is different. This column specifically goes out to my fellow Millennials.
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  1. So men who think they are girls at heart can use the lady's potty? Usually the longer line is for the women's loo, so, the ladies may be the ones to experience temporary gender dysphoria, who knows? Is it ok to joke about his or is that hate? I may need a brainwash too, hey! I may just object to my own comment, later, if I get myself properly "oriented"

  2. Heritage, what Heritage? The New Age is dawning .... an experiment in disordered liberty and social fragmentation is upon us .... "Carmel City Council approved a human rights ordinance with a 4-3 vote Monday night after hearing about two hours of divided public testimony. The ordinance bans discrimination on the basis of sexual orientation or gender identity, among other traits. Council members Rick Sharp, Carol Schleif, Sue Finkam and Ron Carter voted in favor of it. The three council members opposing it—Luci Snyder, Kevin Rider and Eric Seidensticker—all said they were against any form of discrimination, but had issues with the wording and possible unintended consequences of the proposal." Kardashian is the new Black.

  3. Can anyone please tell me if anyone is appealing the law that certain sex offenders can't be on school property. How is somebody supposed to watch their children's sports games or graduations, this law needs revised such as sex offenders that are on school property must have another non-offender adult with them at all times while on school property. That they must go to the event and then leave directly afterwards. This is only going to hurt the children of the offenders and the father/ son mother/ daughter vice versa relationship. Please email me and let me know if there is a group that is appealing this for reasons other than voting and religion. Thank you.

  4. Should any attorney who argues against the abortion industry, or presents arguments based upon the Founders' concept of Higher Law, (like that marriage precedes the State) have to check in with the Judges and Lawyers Assistance Program for a mandatory mental health review? Some think so ... that could certainly cut down on cases such as this "cluttering up" the SCOTUS docket ... use JLAP to deny all uber conservative attorneys licenses and uber conservative representation will tank. If the ends justify the means, why not?

  5. Tell them sherry Mckay told you to call, they're trying to get all the people that have been wronged and held unlawfully to sign up on this class action lawsuit.