Litigation

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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Expert's voice carries weightRestricted Content

February 1, 2012
Michael Hoskins
Indiana Court of Appeals finds single expert can establish standard of care for legal malpractice.
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Judge rules on summary judgment motions in IBM case

January 26, 2012
Jennifer Nelson
The 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.
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7th Circuit cautions against 'ostrich-like' advocacy

November 23, 2011
Michael Hoskins
Warning 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.
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7th Circuit decides MDL appeal question

November 18, 2011
Michael Hoskins

The 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.

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Supreme Court to hear Affordable Care Act challenges

November 14, 2011
Michael Hoskins
In 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.
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Indiana State Fair tragedy renews cap debateRestricted Content

October 12, 2011
Michael Hoskins
Indiana 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.
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Mobile devices lighten loads, boost productivity for attorneysRestricted Content

September 28, 2011
Jenny Montgomery
New 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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'Shadow' jurors outside the boxRestricted Content

September 28, 2011
Michael Hoskins
The litigation technique is rare in Indiana.
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2 Indiana lawyers part of legal team representing plaintiffs in 9/11 litigationRestricted Content

September 14, 2011
Michael Hoskins
Even now, chills run down Mary Beth Ramey’s spine when she stands along the canal in downtown Indianapolis and thinks about how that spot ties into the litigation she’s been involved in for the past decade.
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Attorney must pay credit card company

August 31, 2011
Jennifer Nelson
An Illinois attorney has lost his appeal in his fight against a credit card company seeking to collect money owed on a Discover card.
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Toxic dust exposure leads to litigationRestricted Content

August 31, 2011
Michael Hoskins
Indianapolis attorney Gabe Hawkins has already attended the funerals of three former clients, and he hopes that he won’t have to see a fourth before finally being able to say that the courtroom battle they’ve been waging for years has paid off.
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Judges reverse ruling mechanic's lien has priority over mortgages

August 5, 2011
Jennifer Nelson
The Indiana Court of Appeals ruled there was no reason for a trial judge to disregard the state’s priority statutes regarding liens and mortgages and find that a construction company’s mechanic’s lien has priority over previously recorded mortgages.
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Lawyers look to Internet, social media for cluesRestricted Content

July 20, 2011
Jenny Montgomery
Surveying social media is becoming more common in trial preparation.
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Golf course manager suing DuPont over herbicide

July 19, 2011
Scott Olson
An Indianapolis-based golf course manager is leading a national class-action lawsuit charging that a herbicide manufactured by DuPont is killing trees and other vegetation.
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Indiana securities attorney dies

July 5, 2011
Michael Hoskins
Prominent Indiana trial attorney Thomas A. Hargett, who obtained a $262 million jury verdict against a securities company nearly a decade ago, died last week after battling cancer.
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Switching sides: defenders become plaintiffs' attorneysRestricted Content

June 8, 2011
Jenny Montgomery
Bloomington attorney Mike Phelps was a successful defender for insurance companies for nine years.  But a personal injury case that he won on behalf of the defendant caused him to question whether he was ready for a change.
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Mental aspect of capital cases can be challenging

May 11, 2011
Michael Hoskins
When it comes to tallying the total price of capital punishment, the cost of those cases for the legal community is more than just expansive legalese and court procedures that span a decade or two.
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Prosecution raises awareness of human traffickingRestricted Content

March 2, 2011
Rebecca Berfanger
When it comes to human trafficking, most people who are unfamiliar with the crime visualize one person holding another hostage and giving them limited contact with the rest of the world. Some envision a basement in a dungeon-like setting with chains or other restraining devices, say advocates for victims of human trafficking.
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Barnes & Thornburg opens Los Angeles office

February 25, 2011
Jennifer Nelson
Indianapolis-based Barnes & Thornburg has expanded again, this time to the West Coast. A Los Angeles, Calif., office opened today with six attorneys from Akin Gump Strauss Hauer & Feld.
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Supreme Court hears arguments in victims' advocates subpoena case

February 17, 2011
Rebecca Berfanger
The Indiana Supreme Court heard oral arguments today involving the subpoena of records from a domestic violence agency by a defendant who had been charged with two counts of Class A felony child molesting.
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Appeals court will hear challenge in Simon case

February 16, 2011
Cory Schouten
The Indiana Court of Appeals has agreed to hear an appeal from the widow of the late Melvin Simon, putting on hold a legal dispute over the mall magnate's more than $2 billion estate.
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Motion & discovery

February 2, 2011
Michael Hoskins
A settlement is the quicker resolution. A trial is the longer resolution. How the initial give and take between attorneys determines what happens.
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Judges order consideration of discovery demands

January 24, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals ordered a Northern Indiana District Court to reconsider a German company’s discovery demands made in relation to a lawsuit pending in Germany over the alleged theft of trade secrets.
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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