Litigation

Mobile devices lighten loads, boost productivity for attorneys

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 box

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 litigation

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 litigation

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 clues

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' attorneys

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 trafficking

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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Southern District rules amended

December 21, 2010
IL Staff
Several Local Rules of the United States District Court for the Southern District of Indiana have been amended. The changes are effective Jan. 1.
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COA reverses ruling in right of contribution case

November 17, 2010
Jennifer Nelson
The Indiana Court of Appeals used common law today to reverse a judgment in favor of a man suing his business partner for failing to contribute to guarantee payments.
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Judge denies summary judgment in legal malpractice suit

November 11, 2010
Jennifer Nelson
A federal judge denied summary judgment for an attorney and his law firm on legal malpractice and other claims, ruling the defendants failed to present a coherent argument to support summary judgment.
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Northern District Local Rules amended

November 11, 2010
IL Staff
Four local rules have been amended in the U.S. District Court of Indiana, Northern District. Changes have been made to Local Rule 7.1, Motion Practice; Length and Form of Briefs; L.R. 56.1 Summary Judgment Procedure; L.R. 200.1, Bankruptcy Cases and Proceedings; and Appendix C, Notice to Pro Se Litigant.
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SCOTUS mulling the future of class-action suits

November 9, 2010
Michael Hoskins
Defense and plaintiffs attorneys alike have their eyes on the Supreme Court of the United States, which has before it a case that some say could spell the end to class-action lawsuits in the name of contractual arbitration.
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COA upholds denial of post-conviction relief

November 3, 2010
Jennifer Nelson
The Indiana Court of Appeals agreed with the post-conviction court that a defendant didn’t receive ineffective assistance of trial counsel, finding the man had no right to the effective assistance of counsel at the time he gave a statement to police in front of the attorney.
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Attorney sues condo developer over accessibility

October 19, 2010
Cory Schouten
A resident of the 3Mass condo development who uses an electric wheelchair is suing the developers for failing to provide handicap accessibility to a rooftop terrace overlooking downtown Indianapolis.
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Justices order new trial to determine fault in Ford rollover suit

October 14, 2010
Jennifer Nelson
The Indiana Supreme Court has reversed the allocation of fault in a wrongful death action against Ford Motor Co. and other defendants, finding the evidence didn’t support allocating fault to the manufacturer of the seatbelt assembly and a nonparty. The high court was also faced with the challenge of allocating fault among the remaining parties.
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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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