Litigation

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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Inside massive injury lawsuits, clients get traded like commodities for big money

October 23, 2015
 Bloomberg News
For all the black robes and ceremony, the American legal system often operates more like a factory assembly line than a citadel of individualized justice. Now a legal dispute within a plaintiffs' law firm that organizes massive torts is threatening to pull back the curtain on the mechanics of high-volume litigation.
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Justices: Commissioners may void county fire districts

September 2, 2015
Dave Stafford
The Indiana Supreme Court held Tuesday in long-running litigation out of Brown County that county commissioners in Indiana have the authority to dissolve county fire districts.
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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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DTCI: Use of multidistrict litigation continues to rise

August 12, 2015
Christopher Lee
The Judicial Panel on Multidistrict Litigation is charged with creating new MDLs by consolidating related cases pending in federal courts, transferring new cases to existing MDLs, and remanding old cases to their transferor courts once the transferee courts have completed their work.
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Cook deluged by blood-clot filter lawsuits

July 15, 2015
J.K. Wall
Patients from around the country have filed 100 lawsuits against Bloomington-based Cook, alleging that some of its blood-clot filters have broken apart, moved or poked through the blood vessel where they are implanted, the inferior vena cava, which brings blood from the lower body back to the heart.
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Court rules litigants are responsible for lawyers ‘asleep on the job’

July 8, 2015
Marilyn Odendahl
Although the 7th Circuit Court of Appeals agreed the party of investors did have a “poor lawyer,” the panel declined to overturn the nearly $450,000 judgment against them, saying “legal bungling … does not justify reopening a judgment.”
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Foos: Forget the next big thing; focus on your existing technology

February 11, 2015
What we often forget is that the focus of legal-based technology is to increase the productivity of attorneys, paralegals and administrative staff. We’re focused on the next big thing when we should be identifying how to customize our existing technology to save time and increase productivity.
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  1. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

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