Legal News

Attorney who staged own shooting pleads to misdemeanor

September 25, 2013
Dave Stafford
A southern Indiana lawyer who rigged a shotgun at a state park that he used to shoot himself in the back has pleaded guilty to a misdemeanor and will receive a suspended sentence while avoiding a felony conviction.
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Parental termination remanded over substitute magistrate’s findings

September 25, 2013
Dave Stafford
A father’s due process rights were violated when a juvenile court stripped him of parental rights based on findings of facts prepared by a magistrate who did not hear from and observe witnesses, the Indiana Court of Appeals ruled Wednesday. The magistrate took over the case after another magistrate, who had conducted the evidentiary hearing in his case, resigned.
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Jury rulings stand in U.S. Steel carbon monoxide poisoning case

September 25, 2013
Dave Stafford
A jury’s determinations in a case brought by a contractor who suffered severe carbon monoxide poisoning working at the U.S. Steel plant in Gary were affirmed Wednesday by the Indiana Court of Appeals.
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COA affirms ruling clearing consulting doctor in death case claiming negligence

September 25, 2013
Dave Stafford
A trial court properly granted summary judgment to a doctor defending a negligence case brought by the estate of a man who died, the Indiana Court of Appeals ruled Wednesday, finding no doctor-patient relationship existed.
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Brewington case focuses First Amendment attention on Indiana

September 25, 2013
Dave Stafford
Daniel Brewington is either a poster child for the wrongful prosecution of free speech or a man whose online rants about a judge constituted criminal threats. It all depends on your point of view.
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Volokh: Case will have ramifications beyond Indiana

September 25, 2013
Dave Stafford
First Amendment scholar and UCLA law professor Eugene Volokh knows a thing or two about blogging and free speech, as namesake of the popular legal blog, The Volokh Conspiracy.
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Battle over RTW heats up in courts

September 25, 2013
Marilyn Odendahl
When Lake Superior Court Judge John Sedia handed Indiana’s right-to-work law a pink slip, conventional wisdom held that the Indiana Supreme Court would overturn that decision and put the law back to work.
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Keeping connections: 'The family that plays together, stays together'

September 25, 2013
Abigail Johnson Donohoo
It’s one thing to talk about work-life balance; it’s another thing to actually find ways to achieve it. Keeping personal lives rich and maintaining connections with family and friends can be challenging, but those who’ve employed creative means to do so say it eases pressures often felt in a time-consuming profession like the practice of law.
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Are law offices gender neutral?

September 25, 2013
Holly Wheeler
Equal work deserves equal pay. That was the mantra of those lobbying for the Equal Pay Act in 1963. President John F. Kennedy signed the bill into law, giving everyone, regardless of race or sex, the right to be paid equally for the same job.
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Gun seizure case presents first impression issue

September 25, 2013
Dave Stafford
A man whose 51 guns were ordered seized by a judge who determined him dangerous after his behavior alarmed Bloomington police near the site where missing Indiana University student Lauren Spierer was last seen is asking the Indiana Supreme Court to return his firearms.
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Indiana Judges Association: Are changes needed to ‘change of judge’ rule?

September 25, 2013
David Dreyer
Marion Superior Judge David Dreyer discusses the "Change of Judge" rule in this issue of Indiana Lawyer.
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Indiana Tech dedicates law school, answers critics

September 25, 2013
Marilyn Odendahl
Amid much pomp and circumstance, Indiana Technical Institute welcomed its new law school by reiterating its vision of legal education, praising its students and faculty, and pushing back against critics.
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Mediating Justices: Former justices find that ADR is often a fertile field for life after the court

September 25, 2013
Dave Stafford
After years deciding disputes in the state’s highest court, two former justices now devote at least part of their practices to helping feuding parties find their own resolutions.

Former Indiana Supreme Court Justices Ted Boehm and Myra Selby each count corporate clients in their mediation and alternative dispute resolution portfolios, Boehm with Van Winkle Baten Dispute Resolution and Selby with Ice Miller LLP.
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Special task force going word-by-word through ADR rules

September 25, 2013
Although the privacy of mediation has been affirmed by the Indiana Supreme Court, the possibility that confidential conversations could become public highlighted the need to clarify and possibly change the state’s rules for alternative dispute resolution.
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Arbitrator's unavailability will not stop arbitration from starting

September 25, 2013
Marilyn Odendahl
The Indiana Court of Appeals has found an arbitration agreement’s “plain language” trumps a woman’s attempt to stop the alternative dispute resolution process.
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DTCI: Determining personal jurisdiction in the Twitterverse

September 25, 2013
John Twohy
What are, or should be, the contours of personal jurisdiction over foreign defendants who are alleged to have defamed forum residents using social media? The answer will vary depending on the social media platform at issue and the details of the communication at issue.
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Bell & Gaerte: 3 things to know about legal advertising

September 25, 2013
James Bell, K. Michael Gaerte
The Indiana Rules of Professional Conduct define the term “advertising” broadly. Ind. Professional Conduct Rule 7.2(a) defines “advertising” as “any manner of communication partly or entirely intended or expected to promote the purchase or use of professional services.” (Emphasis added) Therefore, these rules cover communications on your website, blog and even social media. Regardless of whether or not you advertise on billboards, you likely need to pay attention to the advertising rules. Here are three things to know about legal advertising.
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Quality of Life: Sometimes a small change is all you really need

September 25, 2013
Jonna Kane MacDougall
Did you ever notice the amazing difference that a fresh coat of paint can make for your house, or a single room, or even an aging piece of furniture? A fresh coat of paint can rejuvenate your surroundings and make them seem brand new.
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Dean's Desk: Blend of theory and practice will make Tech Law unique

September 25, 2013
Peter Alexander

In August of this year, Indiana Tech Law School opened its doors in Fort Wayne with a commitment to changing the way legal education prepares students. Despite the national news reporting that there are too many law schools and not enough jobs and the Internet blogs criticizing all new start-ups as a waste of a student’s money, Indiana Tech Law School was established, in part, to respond to the criticism that law schools are not adequately training students to become effective legal professionals.

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Sidebars: Bakery & café makes Shelbyville court date a bit sweeter

September 25, 2013
Jennifer Lukemeyer, Fred Vaiana
Sidebars reviews and rates eateries lawyers may enjoy visiting when working at courthouses throughout Indiana. Fred offers this weeks review of Linnes Bakery & Cafe.
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Indiana psychologists question qualifications for insanity evaluations

September 24, 2013
Marilyn Odendahl
The Indiana Psychological Association tried to convince members of the Indiana General Assembly to make a key change to state law governing insanity evaluations Sept. 24, but legislators seemed skeptical of the need for a revision.
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Appeals court upholds allowing represented defendant to argue pro se

September 24, 2013
Dave Stafford
A criminal defendant represented by counsel who unsuccessfully argued on his own to withdraw a guilty plea to a Class A felony charge of dealing cocaine had a burden of proving manifest injustice, which he failed to do, the Indiana Court of Appeals ruled Tuesday.
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Tax Court affirms assessments of Shelbyville CVS store

September 24, 2013
Dave Stafford
The assessment of a Shelbyville CVS store is lower than the county wanted, higher than the drugstore chain wanted, but just right, the Indiana Tax Court concluded.
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416 pass July bar exam

September 24, 2013
Dave Stafford

July 2013 bar exam results were published today, and 416 of 557 people sitting for the test passed, according to statistics posted by the Indiana Board of Law Examiners.

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Commission recommends 1-year suspension for lawyer due to email criticism of judge

September 24, 2013
Dave Stafford
Indianapolis attorney and blogger Paul K. Ogden should be suspended from the bar for a year without automatic reinstatement for private communications criticizing a judge, the Indiana Disciplinary Commission recommended Monday.
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