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Award of attorney fees in wrongful death depends on existence of survivors

August 27, 2015
Marilyn Odendahl
In a case of first impression, the Indiana Supreme Court said it was “neither absurd nor contrary to public policy” to find the state’s General Wrongful Death Statute provides different damage awards depending on survivors.
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Justices affirm denial of intervention in lengthy foreclosure suit

August 27, 2015
Dave Stafford
A clerk’s failure to docket a Carmel homeowner association’s judgment against a homeowner doesn’t mean a mortgagee was denied notice that a claim existed against the property, the Indiana Supreme Court ruled Thursday. Justices held a lis pendens filing  provided sufficient notice.
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Wanted: lawyers willing to be judges

August 27, 2015
Marilyn Odendahl
Reach for Youth is offering attorneys the opportunity to wear the black robe and test their judicial chops.
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7th Circuit affirms ruling but rejects rationale

August 27, 2015
Marilyn Odendahl
Although it agreed with the decision to toss the testimony of three experts, the 7th Circuit Court of Appeals cautioned the District Court about blanket assertions.
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Lawmakers hear from advocates on police body-camera rules

August 27, 2015
 Associated Press
Indiana lawmakers studying possible restrictions on the public release of police body-camera footage heard an impassioned plea Wednesday from a woman who is fighting to get a video of her husband's shooting death by Indianapolis police.
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Kentucky clerk defies court order to issue gay-marriage license

August 27, 2015
 Associated Press
The clerk's office in Moorehead, Kentucky, on Thursday again refused to issue a marriage license to a gay couple, in defiance of a Supreme Court of the United States ruling that legalized same-sex marriage across the country two months ago.
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Lawyer on trial, accused of coaching witnesses to lie

August 27, 2015
 Associated Press
The question of how far lawyers can go in providing clients the strongest possible defense underlies a rare trial coming to a close in Chicago, where federal prosecutors accuse an attorney of coaching defendants and witnesses to outright lie.
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Indiana justices hear dispute over '0INK' vanity plate

August 27, 2015
 Associated Press
A state lawyer argued Indiana’s Bureau of Motor Vehicles has the right to reject offensive messages sought on personalized license plates because every license plate has some government speech on it.
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Counterclaim in assault gets tossed

August 27, 2015
Marilyn Odendahl
A party guest arrested for allegedly assaulting two sheriff’s deputies was two months too late in filing a counterclaim.
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DCS workers' suit on unpaid overtime dismissed

August 27, 2015
 Associated Press
A federal judge has dismissed a lawsuit filed by two Indiana Department of Child Services investigators over having to work extensive overtime without receiving extra pay.
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Firm that took Conour cases ordered to pay creditor $774K

August 27, 2015
Dave Stafford
A law firm that took over personal-injury cases as attorney William Conour’s practice was unraveling before his fraud conviction must pay a Conour creditor almost $775,000, a federal judge ruled.
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Taking of pills, keys and car raises single larceny argument

August 26, 2015
Marilyn Odendahl
When Seth Curtis, wielding a gun, climbed back over the pharmacy counter, he had a bag containing Opana pills and the keys belonging to a pharmacy technician’s car. Seconds later, he exited the store, located the car and drove away.
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Lawmakers discussing police body camera footage rules

August 26, 2015
 Associated Press
Two weeks after a fatal Indianapolis police shooting led to calls for increased body camera use, state lawmakers will hold an advisory hearing to discuss restrictions on what police body camera footage should be publicly released.
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Justices OK award of attorney fees in mechanic’s lien suit

August 26, 2015
Dave Stafford
Subcontractors who worked on an IMAX movie theater in Portage and had to foreclose mechanic’s liens in order to get paid are entitled to legal fees, the Indiana Supreme Court ruled, affirming a Porter Superior trial court.
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Days on appeal bond not subject to credit time

August 26, 2015
Dave Stafford
A defendant who was released after an appeals court vacated a conviction that was later upheld by the Indiana Supreme Court cannot count the time he was released pending appeal against his sentence.
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Three charged with using inside information about ExactTarget

August 26, 2015
 Bloomberg News, IBJ Staff
A former JPMorgan Chase & Co. analyst has been charged with leaking insider information to his friends, including a tip about Salesforce.com’s $2.5 billion acquisition of Indianapolis-based ExactTarget Inc. in June 2013.
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Business owner ordered to pay $643K for securities fraud

August 26, 2015
J.K. Wall
Indianapolis businessman Timothy E. Cook and two businesses he controlled must pay nearly $643,000 for defrauding investors, according to a ruling Monday by a federal court judge.
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Lilly wins patent ruling over blockbuster drug Alimta

August 26, 2015
 Bloomberg News
Eli Lilly and Co. won a court ruling that will keep generic versions of the chemotherapy drug Alimta off the U.S. market until a patent expires in 2022.
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Reversal: DUI convictions violate double jeopardy

August 26, 2015
Dave Stafford
A man who pleaded guilty to a pair of drunken-driving charges was improperly convicted on both counts, the Indiana Court of Appeals ruled Wednesday, vacating one of the convictions.
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Fencer injured while watching bout loses negligence appeal

August 26, 2015
Dave Stafford
A college fencer who suffered a severe eye injury while she stood in the area reserved for participant spectators failed to convince an Indiana Court of Appeals panel to reinstate a negligence suit she filed against two sports sanctioning bodies.
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Former deputy had too little evidence to support retaliation claim

August 26, 2015
Marilyn Odendahl
A former Marion County Sheriff’s Department deputy, who previously had good job evaluations, was unable to present evidence to convince the 7th Circuit Court of Appeals that the investigation which led to his firing was actually a pretext for retaliating against him.
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Dimos takes key ABA post, vows to stay connected locally

August 26, 2015
Dave Stafford
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.
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DNA proposal highlights worries over privacy

August 26, 2015
Marilyn Odendahl
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.
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Americans with Disabilities Act turns 25

August 26, 2015
Teryn Armstrong
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.
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Judicial luminaries to mark Magna Carta’s 800th year

August 26, 2015
Dave Stafford
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.
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  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. 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.

  5. 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.

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