Litigation

Cunningham: 5 tips to survive a Daubert challenge  

May 17, 2017
The Daubert standard is one area of the law that concerns attorneys and financial damages experts alike. For a financial expert, no other measure in the federal court system goes to the core of a financial expert’s competence and thoroughness in his or her work product like the Daubert standard. For a trial attorney, a case can often be jeopardized if a Daubert challenge to an expert is successful.
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J&J loses $110M verdict over talc cancer-link claim

May 5, 2017
 Bloomberg News
Johnson & Johnson was ordered by a St. Louis jury to pay more than $110 million to a Virginia woman who blamed her ovarian cancer on the company’s talcum products.
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COA affirms confidentiality of deposition in litigation between Greek brothers

April 19, 2017
Olivia Covington
Discovery materials protected in Indiana courts under a protective order cannot be used in litigation between two brothers in Greece, the Indiana Court of Appeals held Wednesday.
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Trustee prepares for next round in ITT bankruptcy

March 8, 2017
Marilyn Odendahl
Hiring of litigation firm Robins Kaplan indicates claims may be filed against the school’s leaders.
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Trustee prepares for next round in ITT bankruptcy

March 8, 2017
Marilyn Odendahl
Hiring of litigation firm Robins Kaplan indicates claims may be filed against the school’s leaders.
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COA reverses summary judgment in third appeal in business case

March 7, 2017
Olivia Covington
In the third appeal regarding alleged business relationships between several men, the Indiana Court of Appeals has reversed summary judgment for the owners of the business in question, holding that there remains a genuine issue of material fact as to whether the other men suffered damages when they were denied ownership interests.
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Borissov: Broadband access in rural areas and mandatory e-filing

February 8, 2017
Would I welcome mandatory e-filing with such open arms if I practiced in a small town or rural area in Indiana, as many of our distinguished colleagues do, where access to broadband is limited?
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5 practice areas expected to see major growth in 2017

November 16, 2016
Olivia Covington
In its 2017 Practice Outlook Guide, BTI Consulting Group projected that five practice areas would experience significant growth in the coming year: regulatory matters, mergers and acquisitions, cybersecurity/data privacy, bet-the-company litigation and class-action lawsuits. Here is a look at the reasons top lawyers in these practice areas are predicting steady growth.
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New resource gives access to troves of data measures on district court judges’ orders

November 16, 2016
Dave Stafford
Litigation Analytics, a product of Bloomberg Law, will tell you how long, on average, a judge takes to rule in an employment matter, what firms frequently appear in his or her courtroom, and his or her appeal outcomes.
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Biederman and Burke: Is use of keywords in e-discovery a game of ‘Go Fish?’

November 16, 2016
Raymond Biederman, Sean Burke
Inherent limitations aside, the question the legal community should be asking is not whether, but rather how, keyword searches should be used in e-discovery.
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Judge denies 5-week delay in Trump University trial

September 16, 2016
 Associated Press
A federal judge in San Diego has denied Donald Trump's request for a five-week delay to a trial to determine whether the now-defunct Trump University defrauded customers.
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Lawyers warned they may pay for filing frivolous suits

September 15, 2016
 Bloomberg News
Lawyers who defend companies in product liability cases are celebrating an unusual order by a federal judge in Columbus, Georgia. In it, he told attorneys for the other side—the ones who represent injured consumers—that he was going to crack down on frivolous claims, and that the penalty could come from their wallet.
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Hanson/Eckhart: Class wage-and-hour litigation is an ongoing threat

August 24, 2016
Employers face countless labor and employment challenges every day. Wage-and-hour compliance issues are near the top of that list because employers have experienced an increase in the number of class- and collective-action lawsuits filed against them.
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Cohen and Mattingly: ESI review protocols: No more shots in the dark

August 10, 2016
Document productions, if done incorrectly, are often overly and underly broad; unnecessarily expensive and inefficient; and potentially damaging. These days if you, knowingly or unknowingly, produce a needle in a stack of hay, it will be (or should be) found.
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Emerging ‘rogue players’ may make legal damages harder to seize

July 28, 2016
 Bloomberg News
Problems with recovering court-awarded assets — and efforts to tackle them — are widespread and potentially growing.
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Long-distance depositions

May 18, 2016
Dave Stafford
Technological advances in teleconferencing are making video depositions a more viable option to control litigation costs, but lawyers say in some cases there's no substitute for in-person questioning.
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Laurin: Liquidated damages provisions: enforceable or a penalty?

April 6, 2016
When litigating the enforceability of liquidated damages provisions, the issue is almost always whether the provision is in reality an unenforceable penalty.
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Judge tells lawyers to fight GM instead of each other

February 11, 2016
 Bloomberg News
The judge overseeing lawsuits against General Motors Co. over a lethal ignition-switch defect denied a bid to remove the lead attorney for the injury and death cases, telling the lawyers to stop arguing with each other.
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COA strikes sentence about laughing jurors in footnote

December 16, 2015
Jennifer Nelson
That jurors laughed at times during a handwriting expert’s testimony in a case contesting probate of a will has been removed from the official court opinion. The Court of Appeals made the move in a rehearing opinion issued Wednesday.
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Justices affirm ruling for school in fired principal’s suit

December 16, 2015
Jennifer Nelson
An elementary school principal whose administrator’s contract was canceled after school officials learned of his affair with a teacher received constitutional due process in his termination proceedings, the Indiana Supreme Court affirmed Tuesday.
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High court: DirectTV can cut off class-action lawsuit

December 14, 2015
 Associated Press
The United States Supreme Court ruled Monday that satellite provider DirecTV can avoid a class-action lawsuit in California over early termination fees and force customers into private arbitration hearings instead.
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Court: It’s risky to take justice into your own hands

December 10, 2015
Jennifer Nelson
Affirming an award of treble damages and remanding for appellate attorney fees, the Indiana Court of Appeals warned in a criminal conversion case Thursday that self-help remedies are perilous and potentially expensive, and it’s best to not take justice into your own hands.
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Company owner personally liable for unpaid phone book ads

December 10, 2015
Jennifer Nelson
Reversing a Hamilton County trial court, an appellate panel found a company owner individually liable and remanded for a determination of damages, interest and attorney fees.
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COA split over inmate’s ability to sue for unpaid wages

December 9, 2015
Jennifer Nelson
The Indiana Court of Appeals was divided Wednesday over whether an inmate who worked for a private company that contracted with the Department of Correction to employ offenders was allowed under Indiana statute to make a claim for unpaid wages.
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Paralyzed woman’s claim against security guard’s company proceeds

December 8, 2015
Jennifer Nelson
Whether a security guard, who shot a woman during an argument while he was on duty, was acting to further his employer’s business when he shot her is a matter that should be decided by a judge or jury, the Indiana Supreme Court held Tuesday.
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  1. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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