Litigation
7th Circuit orders Indiana case sent back to Ohio
May 23, 2013
Jennifer NelsonA 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.
MoreSocial media sleuths find evidence, but admissibility requires authentication
May 8, 2013
Dave StaffordWhat 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.
MoreTaking them at their word
May 8, 2013
Marilyn OdendahlThe work of interpreters is exhausting, but vital to protecting individual rights.
MoreMaley: Updated series is valuable for practitioners
February 27, 2013
John MaleyAs 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.
MoreBadger: Using arbitration clauses to reduce potential liability risk
January 16, 2013
Steven BadgerIn 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.
MoreBadger: To arbitrate or litigate, that is the question
January 2, 2013
Steven BadgerIn 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.
MoreAttorneys discover predictive coding
October 10, 2012
Marilyn OdendahlIn 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.
MoreNordstrom: Book offers little insight for experienced trial attorneys
October 10, 2012
Rodney NordstromRodney Nordstrom reviews "Winning the Jury's Attention: Presenting Evidence from Voir Dire to Closing."
MoreBook Review: 'Performance on Trial: The Case for Better Entertainment'
July 18, 2012
Rodney NordstromLitigation consultant Rodney Nordstrom reviews the book: 'Performance on Trial: The Case for Better Entertainment; by
Joseph Curcillo III.
MoreSettlement documentaries can be persuasive tool
July 18, 2012
Dave StaffordCarolyn 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.
MoreJudges find mortgage company not culpably negligent
May 24, 2012
Jennifer NelsonIn 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.
MoreColumn: 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.
MoreA 21st century expression of the law
May 23, 2012
Dave StaffordThe 'emoticon defense' raises brows, but it puts a focus on speech rights and school threats.
MoreDressing defendants
May 23, 2012
Jenny MontgomeryAttorneys say image and attire may influence jurors.
MorePlaintiffs fail to prove claim that Zimmer misrepresented information
May 21, 2012
Jenny MontgomeryTwo 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.
MoreJustices to decide case questioning health care costs charged to uninsured patients
May 7, 2012
IL StaffIndiana’s high court will hear arguments Thursday in Allen v. Clarian Health Partners, Inc., 955 N.E.2d 804
(Ind. Ct. App. 2011), vacated.
MoreCourt properly preserved home habitability claim
February 27, 2012
Michael HoskinsThe 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.
MoreLitigation training in short supply
February 1, 2012
Michael HoskinsFewer jury trials leave young lawyers looking for experience outside of court.
MoreExpert's voice carries weight
February 1, 2012
Michael HoskinsIndiana Court of Appeals finds single expert can establish standard of care for legal malpractice.
MoreJudge rules on summary judgment motions in IBM case
January 26, 2012
Jennifer NelsonThe State of Indiana may be on the hook to pay IBM $40 million in subcontractor assignment fees per the contract it had with
IBM to update the state’s welfare system, a contract the state cancelled in October 2009 because it wasn’t happy
with results.
More7th Circuit cautions against 'ostrich-like' advocacy
November 23, 2011
Michael HoskinsWarning appellate lawyers not to ignore precedent, a 7th Circuit Court of Appeals decision today issues a short but clear
message to not use “ostrich-like” tactics when briefing and arguing cases.
More7th Circuit decides MDL appeal question
November 18, 2011
Michael HoskinsThe 7th Circuit Court of Appeal wants each federal judge handling multi-district litigation to have the flexibility to choose between sending parts of unresolved cases back to the original courts or keep those in one jurisdiction, once a final district-level decision has been made and the time for appeal arrives.
Supreme Court to hear Affordable Care Act challenges
November 14, 2011
Michael HoskinsIn what’s expected to be a historic constitutional test over how much power the federal government has to require individual
mandates for states, the Supreme Court of the United States will consider the constitutionality of the Affordable Care Act
passed in 2010.
MoreIndiana State Fair tragedy renews cap debate
October 12, 2011
Michael HoskinsIndiana attorneys and legislators are embarking on a broader discussion about the state’s current tort claim cap and
whether that decades-old limit is adequate to address the scope of this situation.
MoreMobile devices lighten loads, boost productivity for attorneys
September 28, 2011
Jenny MontgomeryNew Albany attorney Derrick Wilson is frequently in the courtroom, and when he needs to check on a fact quickly, he turns
to his trusty smartphone.
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The court of appeals not only tries to rewrite or interpret the law to suit their fancy, now they choose play stupid as well. Every consideration must be given to pro se litigants, who are not held to the same standards as attorneys, as stated by,SCOTUS. I assume they didn't have a lawyer, since one wasn't mentioned and I strongly suggest thatb the rest of the, origional petitioners get back in there and fight for their rights.
the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution
Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.