Focus

Noyes: A short phone call can change the dynamic of a case

May 7, 2014
Jon Noyes encourages attorneys to network in order to gain insight and litigation strategies.
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Foos: Microsoft Surface Pro for the mobile attorney

May 7, 2014
Robert Foos Jr. writes about how the Microsoft Surface Pro caught his eye as an alternative to the Apple iPad.
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Mediation by monitor

April 23, 2014
Dave Stafford
The rise of online dispute resolution is seen as both a challenge and an opportunity for alternative dispute resolution.
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Reaching an agreement at the round table

April 23, 2014
Marilyn Odendahl
Attorneys find collaborative law allows families to craft their own future.
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Attorney sues hundreds over use of city skyline picture

April 9, 2014
Dave Stafford
They say a picture is worth a thousand words. Attorney Richard Bell says his picture of the Indianapolis skyline is worth $1,500 or so if you’ve posted it on your website without first paying him to license it.
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Call IP attorney Donald Knebel the ‘master of the facts’

April 9, 2014
Marilyn Odendahl
Ironically, the eight years that veteran attorney Donald Knebel spent avoiding intellectual property law gave him the experience he needed when he finally turned his attention to patent litigation.
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Court of Appeals changes from minority to majority approach in construction contract dispute

March 26, 2014
Marilyn Odendahl
A fire during a renovation project that devastated a southern Indiana courthouse ignited a dispute between the county and the contractor that persuaded the Indiana Court of Appeals to reverse course and adopt a new approach to interpreting construction contracts.
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Statehouse says yes to meth house database

March 26, 2014
Marilyn Odendahl
The methamphetamine bill that passed during the 2014 session turns attention away from the ingredients and to the contamination left behind by active meth labs. House Enrolled Act 1141 establishes an online database where potential homebuyers and renters will be able to see if their property was the site of a lab.
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Adams: Is Indy Rezone long overdue or cutting edge?

March 26, 2014
David Adams writes that unless you are a land use lawyer, you may not know that there are some very interesting things happening with Indianapolis’ city zoning ordinance and associated development regulations.
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When non-competes don't fly

March 12, 2014
Dave Stafford
Aviation mechanic Joe Guinn lost a job when his former employer sought to enforce a non-compete clause, but he won an appellate ruling that the company may have engaged in tortious interference with his subsequent employer.
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Fort Wayne case may force SCOTUS to define who qualifies as a minister

March 12, 2014
Marilyn Odendahl
Since the Supreme Court of the United States weighed in on “ministerial exception” in January 2012, cases have been percolating across the country spurred by religious institutions claiming the exception as protection against employee discrimination lawsuits.
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Boulukos: Guiding clients through an executive intervention

March 12, 2014
When an executive’s substance abuse triggers a personal and professional free fall, colleagues may be slow to recognize that the bottom is coming – and fast. At some point, and hopefully before permanent damage has been done, the fact that the leader has become a liability is impossible to ignore.
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'No-more-stringent' measure stirring controversy

February 26, 2014
Marilyn Odendahl
A bill winding through the Statehouse would alter Indiana environmental regulatory process by shifting most of the authority to enact new rules from the executive branch to the Legislature.
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Pashos: Is cost-of-service regulation relevant in today's world?

February 26, 2014
Today, public utilities are experiencing significant cost increases, due to issues such as federal environmental and other mandates, and the need to upgrade decades-old infrastructure. These cost pressures, combined with fast-paced technology, market changes and other states’ experimentation with retail deregulation, are causing policymakers and others to ask whether cost-of-service regulation remains relevant or whether deregulation might be a preferable alternative.
More

Biomet settles hip-replacement litigation

February 12, 2014
Dave Stafford
The most serious cases from among more than 950 patients around the nation who claim they were harmed by a Warsaw company’s implanted hip-replacement devices will share in a settlement expected to exceed $100 million, according to an attorney involved in the case.
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Proposed rule clears up ambiguities on release of mental health patients' names

February 12, 2014
Marilyn Odendahl
What the U.S. Department of Health and Human Services calls a modification to rules protecting patient privacy has sparked similar outcries from groups that might normally find themselves opposing each other. The National Alliance on Mental Illness and the Gun Owners of America both have come out against a proposed rule change to the Health Insurance Portability and Accountability Act that would allow health care entities to release the names of some mental health patients to the national firearm background check system.
More

Essley: The land of (health care lien) confusion

February 12, 2014
Eric Essley writes about a few of the health care-related lien statutes often encountered and/or cited by the plaintiff’s bar and their in-house/defense counterparts when trying to settle claims.
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Attorneys finding more link rot online

January 29, 2014
Marilyn Odendahl
Just a few days after the 7th Circuit Court of Appeals issued its opinion in his case, attorney Brian Paul searched for the website the court had cited and discovered not everything on the Internet is permanent.
More

Papageorge: Predictive coding gaining support in courts

January 29, 2014
Attorneys now are faced with the monumental task of collecting, reviewing and producing their own client’s electronic documents while also reviewing the opposing side’s electronic documents. This can lead to uncomfortable conversations with clients regarding the significant cost of the process.
More

Lawmaker targets burdensome pre-settlement funding by proposing cap on interest rates

January 15, 2014
Dave Stafford
Funding companies woo plaintiffs in need with promises of quick cash for their pending settlements without oversight in Indiana. That soon could change.
More

SCOTUS adds IRA dispute in effort to avoid future chaos

January 15, 2014
Marilyn Odendahl
In agreeing to hear an appeal on the question of whether retirement funds remain retirement funds after they are inherited, the Supreme Court of the United States seems to be acknowledging that what is today a rare question could arise more often as the population ages and more parents leave money to their children.
More

Duncan: Learn these estate planning changes

January 15, 2014
After many years of complete uncertainty with the federal estate tax, there is now a law in place that provides some level of predictability. Further, in 2013, Indiana repealed its inheritance tax. Indiana’s inheritance tax was known as one of the most onerous of all the states and resulted in many snowbirds making Florida their permanent home.
More

Untying the knot yourself

January 1, 2014
Marilyn Odendahl
Couples forgoing legal counsel in divorce risk creating big messes the courts can’t clean up.
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Can parents sue DCS? Yes, divided justices rule

January 1, 2014
Dave Stafford
A sharply divided Indiana Supreme Court decision that a family may sue the state’s child protection agency for negligence is sure to resonate within the Department of Child Services, attorneys familiar with the case said.
More

Kraft wins in food fight with Cracker Barrel

December 4, 2013
Dave Stafford
A federal appeals court ruled recently that savvy consumers might be confused if food branded Cracker Barrel Old Country Store was sold in grocery stores that carry Kraft’s Cracker Barrel brand cheese. Turns out even a law professor who teaches a course on trademarks and unfair competition might be fooled.
More
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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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