Litigation

COA: Hip-replacement tort cases must be heard where implants were done

May 30, 2014
Dave Stafford

Plaintiffs from Mississippi and Virginia may not pursue litigation in Marion County over defective replacement hip devices manufactured in northern Indiana, the Court of Appeals ruled Friday.

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Law firms should be concerned about cybersecurity

May 7, 2014
Marilyn Odendahl
The real dollars are paid on the black market for inside details about possible mergers and acquisitions, new public policy, and information about cutting-edge technology. In short, the kind of private, confidential information that many law firms hold in their client files.
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ABA warns against 'liking' potential jurors

May 7, 2014
Marilyn Odendahl
Lawyers and judges say the opinion on the use of social media is needed.
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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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Technology levels the legal playing field

November 6, 2013
Marilyn Odendahl
Attorneys find hardware and software make them more effective and efficient.
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Stevenson: Plane crash litigation may improve travel safety

July 31, 2013
Modern airliners are filled with technology that has made flying safer than ever. According to MIT statistics professor Arnold Barnett, in the last five years, the death rate for airline passengers in the United States has been one in 45 million flights. At that rate, a passenger could fly daily for an average of 123,000 years before being involved in a fatal crash. While technology such as GPS and auto-landing systems has minimized the chance for human error, especially in poor-visibility landing conditions, there is a drawback. Asiana Flight 214 is likely to become a prime example of how technology can actually cause aviation disasters instead of preventing them. Flight 214’s collision with the seawall just short of the runway at San Francisco International Airport demonstrates what can happen when technology does not work as intended.
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7th Circuit orders Indiana case sent back to Ohio

May 23, 2013
Jennifer Nelson
A federal judge in the Southern District of Indiana erred when she determined that a claims adjuster from Ohio was fraudulently joined to a case that was transferred out of federal court in Ohio to Indiana, the 7th Circuit Court of Appeals ruled. The case also presented two issues of first impression for the Circuit.
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Social media sleuths find evidence, but admissibility requires authentication

May 8, 2013
Dave Stafford
What happens on Facebook stays on Facebook – forever – and attorneys conceivably run into risk if they fail to investigate pertinent posts, a judge suggested during a presentation about social media evidence.
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Taking them at their word

May 8, 2013
Marilyn Odendahl
The work of interpreters is exhausting, but vital to protecting individual rights.
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Maley: Updated series is valuable for practitioners

February 27, 2013
John Maley
As the practice has moved from law-firm libraries to online research on laptops and iPads, there remains a place for comprehensive, in-depth and practical treatises and practice guides. Since 1998, Westlaw’s Business and Commercial Litigation in Federal Courts has been just such a valuable resource.
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Badger: Using arbitration clauses to reduce potential liability risk

January 16, 2013
Steven Badger
In the first part of this column, I outlined the advantages and disadvantages of arbitration as an alternative to litigation in court and concluded that neither arbitration nor litigation is preferable in all situations. This second part provides more specific suggestions on when to use arbitration in certain high-risk, “bet-the-company” situations.
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Badger: To arbitrate or litigate, that is the question

January 2, 2013
Steven Badger
In my world of dispute resolution, one of the most basic questions is whether a particular business dispute should be resolved in arbitration or in a court of law. Like many of the questions I am frequently asked by clients, there is no simple answer that fits all occasions and situations.
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Attorneys discover predictive coding

October 10, 2012
Marilyn Odendahl
In the world of searching for relevant documents in the recesses of email inboxes and hard drives, a new high-tech tool has appeared that, despite causing trepidation among some attorneys, will likely become commonly used during the discovery process to tame the growing volumes of data.
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Nordstrom: Book offers little insight for experienced trial attorneys

October 10, 2012
Rodney Nordstrom
Rodney Nordstrom reviews "Winning the Jury's Attention: Presenting Evidence from Voir Dire to Closing."
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Book Review: 'Performance on Trial: The Case for Better Entertainment'

July 18, 2012
Rodney Nordstrom
Litigation consultant Rodney Nordstrom reviews the book: 'Performance on Trial: The Case for Better Entertainment; by Joseph Curcillo III.
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Settlement documentaries can be persuasive tool

July 18, 2012
Dave Stafford
Carolyn Dudley’s husband, Indiana State Trooper Gary Dudley, was killed six years ago when he was struck by a freight truck during a charity bike ride in Vermillion County. A short video about his life, and the event that caused his death, was critical to winning a settlement in a wrongful death case against the trucking company.
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Judges find mortgage company not culpably negligent

May 24, 2012
Jennifer Nelson
In a dispute over which mortgage has priority in a foreclosure action, the Indiana Court of Appeals affirmed summary judgment for the senior mortgage holder. The judges found the doctrine of equitable subrogation applies.
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Column: Practical and legal differences of class and mass actions

May 23, 2012
Scott Starr and Mario Massillamany write about what to consider when decided whether to file a class- or mass-action case.
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A 21st century expression of the law

May 23, 2012
Dave Stafford
The 'emoticon defense' raises brows, but it puts a focus on speech rights and school threats.
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Dressing defendants

May 23, 2012
Jenny Montgomery
Attorneys say image and attire may influence jurors.
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Plaintiffs fail to prove claim that Zimmer misrepresented information

May 21, 2012
Jenny Montgomery
Two pension funds that own shares of Zimmer Holdings Inc. were unable to prove that Zimmer defrauded its investors by suppressing information, the 7th Circuit Court of Appeals ruled.
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Justices to decide case questioning health care costs charged to uninsured patients

May 7, 2012
IL Staff
Indiana’s high court will hear arguments Thursday in Allen v. Clarian Health Partners, Inc., 955 N.E.2d 804 (Ind. Ct. App. 2011), vacated.
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Court properly preserved home habitability claim

February 27, 2012
Michael Hoskins
The Indiana Court of Appeals has found that a Clark County case can continue involving claims against a home construction company. The former homeowners allege that the company defectively built their home and that mold and water damage occurred, leading to loss of habitability.
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Litigation training in short supply

February 1, 2012
Michael Hoskins
Fewer jury trials leave young lawyers looking for experience outside of court.
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  1. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

  2. As an adoptive parent, I have to say this situation was as shameful as it gets. While the state government opens its wallet to the Simons and their friends, it denied payments to the most vulnerable in our state. Thanks Mitch!

  3. We as lawyers who have given up the range of First amendment freedom that other people possess, so that we can have a license to practice in the courts of the state and make gobs of money, that we agree to combat the hateful and bigoted discrimination enshrined in the law by democratic majorities, that Law Lord Posner has graciously explained for us....... We must now unhesitatingly condemn the sincerely held religious beliefs of religiously observant Catholics, Muslims, Christians, and Jewish persons alike who yet adhere to Scriptural exhortations concerning sodomites and catamites..... No tolerance will be extended to intolerance, and we must hate the haters most zealously! And in our public explanations of this constitutional garbledygook, when doing the balancing act, we must remember that the state always pushes its finger down on the individualism side of the scale at every turn and at every juncture no matter what the cost to society.....to elevate the values of a minority over the values of the majority is now the defining feature of American "Democracy..." we must remember our role in tricking Americans to think that this is desirable in spite of their own democratically expressed values being trashed. As a secular republic the United States might as well be officially atheist, religious people are now all bigots and will soon be treated with the same contempt that kluckers were in recent times..... The most important thing is that any source of moral authority besides the state be absolutely crushed.

  4. In my recent article in Indiana Lawyer, I noted that grass roots marketing -- reaching out and touching people -- is still one of the best forms of advertising today. It's often forgotten in the midst of all of today's "newer wave" marketing techniques. Shaking hands and kissing babies is what politicians have done for year and it still works. These are perfect examples of building goodwill. Kudos to these firms. Make "grass roots" an essential part of your marketing plan. Jon Quick QPRmarketing.com

  5. Hi, Who can I speak to regarding advertising today? Thanks, Gary

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