Opinion

Neutral Corner: Reaction to SCOTUS’ recent arbitration decision

February 10, 2016
John Van Winkle
Comments following the DirecTVdecision have been consistent: Unless Congress acts or the makeup of the court fundamentally changes, mandatory arbitration of consumer disputes and the corresponding limitations of some remedies (such as class actions) is here to stay.
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Cohen/Mattingly: Learn your ESI rules: It's an ethical imperative (chomp)

February 10, 2016
It’s been nearly 10 years since the Supreme Court of the United States approved amendments to the Federal Rules of Civil Procedure to add language addressing electronically stored information, or ESI. Recent FRCP amendments, effective December 2015, clarify ESI obligations. The rules re-introduce traditional concepts of flexibility and proportionality to ESI obligations.
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In-Box: Commercial courts

February 10, 2016
Colin Flora writes in response to the recent announcement of the creation of commercial courts in Indiana.
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BGBC: Who’s responsible for the IOLTA account? You are!

February 10, 2016
One of the most significant and important fiduciary duties that lawyers must perform is to safeguard all client and third-party property held in trust.
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Indiana Judges Association: How are we going to replace Justice Brent Dickson?

February 10, 2016
David Dreyer
There is now a great opportunity to pick our next Supreme Court justice. But our problem is that we have to replace the irreplaceable Justice Brent Dickson.
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Hammerle on ... 'The Hateful Eight,' 'The Revenant'

February 10, 2016
Robert Hammerle
Bob Hammerle says Quentin Tarantino can bring to the screen a pictorial display of viciousness that leaves you gasping with a feeling of disgusted wonder.
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Making Rain: Be more like a political candidate in 2016

January 27, 2016
Dona Stohler
There are striking comparisons between how a candidate works to get elected and how a law firm or lawyer can develop new business. So, if you get overly sensitized by all the campaigning, refocus your attention on the process and you might find a few good ideas to try for yourself.
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Federal Bar Update: Early returns on amended Rules of Civil Procedure

January 27, 2016
John Maley
Significant changes to the Federal Rules of Civil Procedure took effect to civil cases filed on or after Dec. 1, or to cases already pending to the extent just and practicable. In the first two months of these new rules, it is apparent they are having an immediate impact on federal litigation.
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DTCI: ‘Making a Murderer’ influences perception of judiciary

January 27, 2016
Producers of “Making a Murderer” and other true-crime stories have the ability to influence the public’s perception of an individual’s guilt or innocence, as well as the actions of the attorneys involved, well after a verdict is reached and regardless of the evidence presented in the courtroom.
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Inside the Criminal Case: Immunity and Bill Cosby’s motion to dismiss

January 27, 2016
James Bell, K. Michael Gaerte
On Dec. 30, 2015, comedian Bill Cosby was charged with sexual assault in Pennsylvania. These charges stemmed in part from various admissions Mr. Cosby made in a deposition in a civil suit. After learning this news, several thousand criminal defense lawyers scratched their balding heads as they Monday morning quarterbacked the decision to submit Cosby to a deposition.
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Hammerle on …'The Big Short,' 'Carol'

January 27, 2016
Robert Hammerle
Bob Hammerle says "The Big Short" is a reminder of the sometimes amoral nature of our free-enterprise system.
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Hammerle On... 'Star Wars: The Force Awakens,' 'Concussion'

January 13, 2016
Robert Hammerle
Bob Hammerle says "Star Wars: The Force Awakens" is spectacular entertainment from beginning to end.
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Young: Federal re-entry programs continue to benefit community

January 13, 2016
One of the longest-standing initiatives in the Southern District is the voluntary Re-entry and Community Help program. Dating back to 2007, REACH gives high-risk clients an opportunity to participate in monthly informal hearings with a team composed of a federal judge, federal public defender, assistant U.S. attorney, and U.S. probation officer.
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Living Fit: How SMART are your goals for better health?

January 13, 2016
Sharon McGoff
January is the month of resolutions and profound change, as we attempt to cut the cord from the apron strings of the Sugar Plum Fairy and pull ourselves out of the pit of gingerbread man hell.
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Ringlespaugh: Custody issues for parents of special-needs children

January 13, 2016
When deciding child custody in a situation involving a child with special needs, it is important for the courts, parents and attorneys to consider how these situations differ from families that do not have children with disabilities.
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Ryznar: Grandparent visitation 15 years after Troxel

January 13, 2016
Margaret Ryznar
Given continued high levels of divorce and out-of-wedlock births, the role of grandparents continues to be an important source of stability in some families. Thus, in 2015, grandparent visitation made several appearances on the Indiana court dockets.
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Bell/Whelan: 3 things to know about civility and discipline

December 30, 2015
James Bell, Jessica Whelan
As it turns out, acting in a civil manner is not just a way of being polite, or being a good advocate or a way to make the profession look good. In fact, being uncivil in and of itself can lead to disciplinary sanctions.
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Nelson: A look back … and to the profession’s future

December 30, 2015
Jennifer Nelson
Birthdays, anniversaries, and a new year are good times for reflection and evaluation. That’s part of the reason we take a look back at the news we covered throughout the year in our last issue of the year and why we devoted stories each month in honor of our 25th anniversary in print.
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Column: Does Patchett v. Lee make patchwork of medical specials?

December 30, 2015
The Indiana Court of Appeals recently affirmed a ruling in Patchett v. Lee, 29A04-1501-CT-1 (Ind. Ct. App. Nov. 19, 2015), which held that government reimbursement rates are not an accurate reflection of the value of health care services, and thus are inadmissible as evidence of the reasonable value of medical services in personal-injury cases. The Patchett ruling signified a major shift in Indiana law on the determination of medical specials damages.
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Technology Untangled: New year means time for a new hard drive

December 30, 2015
Stephen Bour
The start of the new year is always a good time to clean up computer files. Hard drive maintenance is often something that goes unattended until it is too late. Today’s article will describe an instance where I took some of my own advice and replaced and upgraded a hard drive before it failed.
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Hammerle On… 'Chi-Raq'

December 30, 2015
Robert Hammerle
Bob Hammerle reviews "Chi-Raq" and also picks his top films of the year.
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Dean's Desk: McKinney students receive honors for pro bono service

December 16, 2015
Andrew Klein
At our most recent Pro Bono and Clinical Program awards event, we celebrated – for the second year in a row – the fact that our graduating class had contributed more than 20,000 hours of pro bono service to the community during their law school careers.
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Start Page: Goal setting and habit development for the new year

December 16, 2015
Seth Wilson
This year, join me in a different approach: setting goals and developing habits. Neither concept is new and both take effort to be effective. Here are some pointers and tech tools you can use to help support achieving your goals and developing good habits in the new year.
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Indiana Judges Association: 7 hopes on a judicial holiday wish list

December 16, 2015
David Dreyer
As we complete a long, complicated year, my great judge journey leads me to a wish list. While wish lists are not uncommon for gift-giving season, or the start of a new year, this one is intended for regular rumination.
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Neutral Corner: Case reaffirms enforceability of settlement agreements

December 16, 2015
John Van Winkle
A recent Indiana Court of Appeals opinion reaffirmed prior Indiana cases holding that settlement agreements, whether reached with or without mediation, are governed by the general principle of contract law and generally not required to be in writing.
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  3. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  4. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  5. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

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