Last UpdatedFRI., JANUARY 23, 2015 - 5:23 PM
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Indiana Lawyer celebrates 25 years

In 2015, Indiana Lawyer turns 25, and we’d like to take this opportunity to say thank you to our readers as well as those who have served as news sources, partners and supporters along the way. We plan to spend the year taking a look back at some of the stories and people we’ve covered and hope that you will enjoy the flashback.More.

Supreme Court permanently bans Muncie judge

Dave Stafford
A Muncie judge who was previously suspended for 13 counts of judicial misconduct and for using racial slurs recorded on video has been given a lifetime ban from serving on the bench.More.

7th Circuit affirms Michigan law applies to Visteon pollution claims

Dave Stafford
A federal court in Indianapolis properly dismissed a lawsuit Visteon Corp. filed against its insurer seeking to recover damages resulting from toxic pollution at its former Connersville plant that also contaminated neighboring properties.More.

Severely injured worker allowed to make case to jury

Marilyn Odendahl
A man who sustained life-changing injuries from a workplace accident is entitled to have his day in court to present his claims to a jury, the Indiana Court of Appeals ruled.More.

In This Issue

JAN. 14-27, 2015
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Indiana Lawyer kicks off its 25th anniversary celebration this issue. We're taking a look back at the stories that made the front page of our first issue in April 1990. A December Indiana Supreme Court ruling extends standing to grandparents and those with "lawful custody" in adoption cases. An innovative networking tool from the Indianapolis Bar Association connects lawyers across practices.

Top Stories

Indiana Lawyer celebrates 25 years

In 2015, Indiana Lawyer turns 25, and we’d like to take this opportunity to say thank you to our readers as well as those who have served as news sources, partners and supporters along the way. We plan to spend the year taking a look back at some of the stories and people we’ve covered and hope that you will enjoy the flashback.More.

‘Settlement Week’ helped to change public policy in civil cases

Lawyers 25 years ago had a radical concept: Let’s see how many civil lawsuits we can settle in a week.More.

Once controversial, IOLTA is now professional standard in Indiana

Indiana Supreme Court posed an obstacle in 1990 to getting the program launched to fund pro bono efforts.More.

1990 MCBA president currently suspended from practice

Larry G. Whitney, the Marion County Bar Association president when Indiana Lawyer launched in 1990, is currently suspended from the practice of law.More.

When Indiana Lawyer launched in 1990 ...

Here are some random legal statistics from twenty-five years ago when Indiana Lawyer published its first issue. Remember when law school cost under $3,500 a year?More.

Innovative networking tool connects lawyers across practices

Some are good at networking, others not so good. With the development of the Indianapolis Bar Association’s Indy Attorneys Network Section, lawyers old and new, those skilled at networking and those not as adept, have found there are always opportunities to meet and connect with colleagues and that doing so builds camaraderie and strengthens the local legal community.More.

New ILS director praised for reputation and experience

Jon Laramore brings a strong background in legal aid and pro bono work.More.

Deaf man sues state courts over denial of interpreter for mediation

A deaf man’s federal lawsuit against Indiana courts claiming the state failed to provide a sign language interpreter for mediation in his child custody hearing has survived the state’s initial efforts to dismiss.More.

National Jurist: IU’s Henderson most influential in legal education

Indiana University Maurer School of Law Professor William Henderson is the nation’s most influential person in legal education, according to rankings appearing in the January 2015 edition of National Jurist magazine.More.

Focus

Protective order filings rise during past 9 years

Attorneys say the 25 percent increase reflects more understanding and less victim blaming.More.

Ruling extends standing in adoption cases to those with ‘lawful custody’

The sometimes-bitter litigation between a child’s adoptive parent and her grandparents who raised her from a young age yielded a decision from the state’s highest court that family law experts believe may represent a significant shift in adoption cases.More.

Zoeller: Use depositions over interrogatories in family law matters

We’ve all received the responses to interrogatories so doctored by opposing counsel there is virtually no substance, or so littered with objections and qualifications that the answer is meaningless. So for many years my solution to this problem has been to take depositions. I will outline a few of the reasons more family law practitioners should do the same.More.

Opinion

Letter responds to commentary on Resnover execution

Members of Gregory Resnover's defense team respond to commentary written by a former employee in attorney general's office at the time of Resnover's execution in 1994.More.

Bell: 3 things to know about the ethics of interviewing witnesses

January brings frigid temperatures, snow and icy roads. In other words, it is a perfect time for you to knock on doors and conduct a field investigation. But before you put your coat on and head out to find that needle-in-a-haystack witness who will save your case, remember that there are ethical rules regarding how you deal with witnesses.More.

Living Fit: Aerobic exercise or resistance exercise?

The hard-core cardio junkies swear by aerobic exercise as the best way to lose weight, get fit and remain lean. Yet, those who are diehard weightlifters or yoga and Pilates fanatics claim that resistance exercise is the only way to lose weight and become strong and lean. What’s the answer?More.

Hammerle On… 'The Imitation Game,' 'Into the Woods'

Bob Hammerle says that "The Imitation Game" is one of the best films of 2014.More.

In Brief

CNBC’s ‘American Greed’ puts focus on Conour as appeal proceeds

The CNBC program “American Greed,” which bills itself as a “shocking true crime series (that) examines the dark side of the American Dream,” has taped an episode profiling former Indianapolis lawyer and convicted fraudster William Conour.More.

Electric utilities battle over annexing territories

When it comes to annexing nearby land, the city of Greenfield has a proposition that officials say sells itself.More.

Krieg DeVault names new leadership team members

Krieg DeVault LLP has elected four new members to join recently elected managing partner Deborah J. Daniels on the firm’s seven-member executive committee.More.

Bell damaged by 2009 courthouse fire gets new home

A 150-year-old bell that survived a fire that heavily damaged a historic southern Indiana courthouse has a new home on the courthouse's lawn.More.

Firm mergers down slightly in 2014

Eighty-two law firm combinations were announced last year in the United States, a 7 percent decline from 2013’s 88 mergers, according to Altman Weil Inc.More.

Judge grants motion to make nonsurgical abortion ruling final

A federal judge has granted the state and plaintiff’s joint motion to make final her December ruling that a 2013 law regarding nonsurgical abortion clinics violates the Equal Protection Clause.More.

Bill would let Hoosiers refuse gay-wedding services

Legislation that supporters contend is needed to protect Indiana residents with strong religious beliefs by allowing them to refuse services for same-sex weddings is drawing fire from gay rights groups and others who say it would legalize discrimination.More.

Indiana diocese wants ex-teacher's jury award cut

A northern Indiana Roman Catholic diocese wants to reduce a jury's nearly $2 million award to a former teacher fired by church officials for trying to get pregnant through in vitro fertilization.More.

Fewer cases filed in 2013 in state courts

There were 1,152,052 new cases filed in state courts in 2013, a decrease of 7.3 percent over the previous year, according to data released Tuesday by the Indiana Supreme Court and the Division of State Court Administration. The data continues to show the trend of a drop in filings over recent years.More.

Fate uncertain for bill to end Sunday alcohol sales ban

A House committee chairman says he hasn't decided if he'll allow a hearing on a proposal to end Indiana's long-running ban on retail stores selling alcohol on Sunday — the last of its kind in the nation.More.

Special Sections

Indiana Court Decisions - Dec. 22, 2014 to Jan. 6, 2015

Read about recent Indiana appellate decisions.More.

On The Move

On the Move - 1/14/15

Read who's recently made partner, been appointed to a position or joined an Indiana firm.More.

Disciplinary Actions

Disciplinary Actions -1/14/15

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

Bar Associations

Meet the 2015 DTCI board of directors

At the November annual meeting of the Defense Trial Counsel of Indiana, the following officers and directors were elected. They assumed office Jan. 1, 2015.More.

Abrams: Resolutions for the New Year from the IndyBar

While I am effectively a lame duck president writing this article and while my successor, John Trimble, effectively began his term at 12:01 AM on Jan. 1st, he is not sworn in until Jan. 29, 2015, and thus I have the role of continuing to write two more articles for your reading pleasure.More.

IndyBar: Save Time and Simplify Your Practice with IndyBar Resources and Member Benefits

It’s resolution time. Whether you’ve resolved to become more efficient, to save money or to become a more effective in your practice, the IndyBar has a member benefit or resource available to help you along the path to resolution success.More.

IndyBar: Attorneys Needed for Naturalization Ceremonies

Twice a month, a ceremony at the U.S. Courthouse welcomes newly naturalized American citizens. It’s an awe-inspiring ceremony – and you can be a part of it during 2015.More.

IndyBar Frontlines - 1/14/15

News from around the IndyBar.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.

What's next for Indiana's juvenile system?

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

Teens share stories about juvenile justice experience

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

Marion County a model for juvenile detention reforms

Detention alternatives, Initial Hearing Court draw national praise.More.

'Out of the court's hands'

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

Motorcycle Accident
Garrett Minniear v. Chase King d/b/a King Masonry LLC

More

 

Medical malpractice
Resa v. Greathouse-Williams, et al.

More

 

Trucking accident
Willetter Morrison-Johnson and Steven Johnson v. Republic Services of Indiana, L.P. and Jason Stanley
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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Opinions Jan. 23, 2015

7th Circuit Court of Appeals
Visteon Corp. v. National Union Fire Insurance Company of Pittsburgh, Pa.
14-2725
Chief Judge Richard Young, U.S. District Court for the Southern District of Indiana, Indianapolis Division.
Affirms judgment in favor of National Union on its denial of coverage for toxic chemical pollution at a Connersville Visteon auto parts factory that also contaminated neighboring properties. The District Court properly applied Michigan law, holding that Visteon was not entitled to coverage and dismissed the case. More.
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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.