In This Issue

Aug. 26-Sept. 8, 2015
thisissue1-082615.jpg IL 082615 Cover

James Dimos' new leadership gig with the American Bar Association eventually will take him away from his adopted Indianapolis home of more than 30 years, but in a way, he'll be returning home. A legislative interim study committee is considering a proposal that would allow DNA to be collected from those arrested, but not yet convicted, of a felony, but concerns about constitutionality exist.  Indiana lawyers and state and federal court judges will soon mark eight centuries since Britain's King John placed his seal on the Magna Carta, which guarentees, among other things, right to a trial by jury.

Top Stories

Dimos takes key ABA post, vows to stay connected locally

James Dimos’ new leadership gig with the American Bar Association eventually will take him away from his adopted Indianapolis home of more than 30 years but, in a way, he’ll be returning home.

DNA proposal highlights worries over privacy

Indiana Sen. Tim Lanane and his colleagues in the Indiana Statehouse are once again wrestling with when to collect genetic material from individuals in the criminal justice system.

Americans with Disabilities Act turns 25

Also known as the largest civil rights act in the U.S., the ADA has resulted in gains for those with disabilities. However, there is still more work to be done.

Judicial luminaries to mark Magna Carta’s 800th year

A who’s who of Indiana lawyers and state and federal court judges will soon mark eight centuries since Britain’s King John relented in the face of a baron rebellion and placed his seal on the document that guaranteed, among other things, right to a trial by jury.

Consumers don’t have to wait for fraudulent charges

A recent ruling from the 7th Circuit Court of Appeals – the first to find that consumers do suffer harm when their credit card information is stolen – may be headed back to appellate court after the defendant retailer accused the judges of “loose thinking.”

TV’s ‘Shift’ suspect got shaft, but rights weren’t violated

A man who was wrongly arrested and charged with murder by Indianapolis police, whose investigation was being documented for the reality TV series “The Shift,” lost his appeal in a civil rights lawsuit against police.

ABA report reflects current law school innovations

Weeks after the American Bar Association approved a set of recommendations to address law student debt and educational experience, legal educators in Indiana described the recommendations as thoughtful but not necessarily different from what they are doing.

Prisoner’s Zantac lawsuit gives federal judges heartburn

An Indiana inmate’s lawsuit claiming prison staff showed deliberate indifference in denying him Zantac to treat a known esophageal reflux condition erupted in a war of words between two 7th Circuit Court of Appeals judges.

Bingham partner Solada key player in zoning disputes

Mary Solada has built a reputation as one of Indianapolis’ top real estate attorneys by representing large developers on important zoning matters.

Focus

Law professor’s book spotlights service workers’ fight for unions

Indiana University Robert H. McKinney School of Law professor Fran Quigley's book, “If We Can Win Here: The New Front Lines of the Labor Movement,” examines how the push for higher wages and better working conditions is playing out in the very red Hoosier state.

Proposal would double salary threshold for exempt employees

Employment attorneys and their clients large and small are scrambling to find ways to deal with a likely change in federal regulation that could more than double the earnings threshold for workers classified as exempt from overtime.

Doubt means don’t: Drafting an effective social media policy

Because social media is a relatively new phenomenon, employers have been wading into uncharted territories when creating and implementing social media policies.

Independent contractor or employee: DOL gives guidance

In mid-July, the administrator for the Department of Labor’s wage and hour division issued an interpretation to give guidance about whether a worker is an independent contractor or an employee.

Opinion

Hammerle On... 'Straight Outta Compton', 'The Man from U.N.C.L.E.'

Bob Hammerle writes in regard to "The Man from U.N.C.L.E.": "Be prepared to say, 'I really enjoyed it, although I can't say I liked it.'"

In Brief

Study: Child sexual assault 'far too common' in Indiana

A report by the Global Health Communication Center at Indiana University-Purdue University Indianapolis states that adolescent sexual assault is “far too common” in the state.

Justice Boehm gets nod for special redistricting commission

Former Indiana Supreme Court Justice Ted Boehm has been given a seat on the special committee set to examine gerrymandering, a common political manipulation that he once called toxic.

Indiana to get $1.3M slice of Amgen settlement

Biotech drugmaker Amgen will pay $71 million to settle an investigation into illegal marketing of its drugs Aranesp and Enbrel, ending an investigation by 48 states and Washington, D.C.

AG seeking restitution over alleged Warsaw schools kickbacks

Indiana Attorney General Greg Zoeller is seeking nearly $1 million in restitution from a former northern Indiana school district official and a business owner who were charged with an illegal kickback scheme.

Former Lake County judge eyeing AG nomination

A former Lake County judge has formed a campaign committee to seek the Democratic nomination for Indiana attorney general.

Supreme Court Justice Sotomayor will appear at Notre Dame

Supreme Court of the United States Justice Sonia Sotomayor will take part in a moderated discussion at the University of Notre Dame in September.

Special Sections

Indiana Court Decisions: Aug. 5 to 18, 2015

Read recent appellate decisions from Indiana courts.

On The Move

On The Move-8/26/15

Read who's recently been appointed to a committee.

Disciplinary Actions

Disciplinary Actions-8/26/15

Read who the Indiana Supreme Court has recently suspended.

Bar Associations

IndyBar: CLE Series to Tackle Legal Issues Surrounding Use of Force

Throughout the past months, the debate on police use of force has intensified. But how does this national issue relate to the practice of Indy lawyers?

DTCI: Public access to police body-cam footage

In the wake of several highly publicized police encounters with the public leading to the death of the individuals involved, the debate over public access to police body-camera video is heating up.

IndyBar: 2012 IBF Grantee Continues Good Work

Each year, Teen Court reaches out to more than 600 youth and their families through multiple intervention and diversion programs, including an in-school Teen Court model.

When a Barking Dog is a Good Thing: Some Tips for Success for Young Lawyers

There is no shortage of sources for lawyers of all ages to receive tips on how to succeed. The tips that follow in this article are just a few that have been passed along to me by my mentors through the years.

IndyBar: Scholarship Available to Health Law Conference

The Indianapolis Bar Association Health Care & Life Sciences Section is pleased to announce it is offering scholarships for the American Health Lawyers Association Fundamentals of Health Law Conference, November 15-17, 2015, in Chicago.

IndyBar: Getting Along is Not Wrong

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

IndyBar: Around the Bar

Members of the bar mingled with trial and appellate-level judges from local, state and federal courts at the Indy Attorneys Network section’s annual “At the Bar with the Bench” event on Thursday, August 20.

DTCI: Kudos

Steven S. Hoar has been elected president of the Evansville Bar Association and Jeffrey Ahlers has been named to "The Best Lawyers in America (2016)"
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  1. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  2. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  3. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  4. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

  5. They ruled there is no absolute right to keep a license, whether it be for a lifetime or a short period of time. So with that being said, this state taught me at the age of 15 how to obtain that license. I am actually doing something that I was taught to do, I'm not breaking the law breaking the rules and according to the Interstate Compact the National Interstate Compact...driving while suspended is a minor offense. So, do with that what you will..Indiana sucks when it comes to the driving laws, they really and truly need to reevaluate their priorities and honestly put the good of the community first... I mean, what's more important the pedophile drug dealer or wasting time and money to keep us off the streets?

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