Opinion

DTCI: Impact and questions from EPA draft study on fracking

June 17, 2015
From DTCI
Just shy of 600 pages with a 28-page executive summary to boot, the EPA report concludes that that the agency was unable to find “evidence that ‘mechanisms’ [identified in the report] have led to widespread, systemic impacts on drinking water resources in the United States."
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Technology Untangled: Can software save money on printer ink?

June 17, 2015
Stephen Bour
There is some evidence suggesting that simply using a different font could save significant volumes of ink.
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Klein: McKinney Law trains leaders for success in life sciences

June 17, 2015
Andrew Klein
In so many ways, Indianapolis helps us thrive. But the converse is also true. The McKinney School of Law is critical to Indianapolis’ success.
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Hammerle On…'Spy,' 'The Connection'

June 17, 2015
Robert Hammerle
Robert Hammerle writes about "Spy" that international spies have not been this frenetic and madcap since Peter Sellers died.
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Inside the Criminal Case: The duty to correct the trial court in a criminal case

June 17, 2015
James Bell, K. Michael Gaerte
Prosecutors and criminal defense lawyers need to know that there are times they are required to correct the trial court’s record.
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Abrams: Engage with professionals to discover opportunities

June 3, 2015
Jeffrey Abrams
I would encourage recent law school graduates to remain optimistic, work hard and network with as many attorneys as you can find since you never know when the next law firm or employer will need to hire a recent graduate.
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Federal Bar Update: Removing state-court actions to federal court

June 3, 2015
John Maley
Removal of state-court actions to federal court has provided a seemingly never-ending source of procedural disputes. Fortunately many of those mind-numbing issues have been resolved in the last several years by Congress and the courts, with the Supreme Court of the United States addressing one key issue recently.
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Abeska: St. Joseph County Bar Foundation is hitting its stride

June 3, 2015
The St. Joseph County Bar Foundation's philanthropic efforts are made possible by support from attorneys and law firms, though fundraising remains a challenge for the board.
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Quick: How to get noticed by the media

June 3, 2015
Swallow your pride. Sometimes the media doesn’t believe your law firm is as important as you do.
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Kissel: Keeping the business in the family

June 3, 2015
Passing the family business to the next generation is likely to be one of the biggest projects of the owner’s lifetime. Family business succession is the process of transitioning the governance and ownership of a closely held business to the next generation.
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Column: Using Facebook to provide notice for service of process

May 20, 2015
A recent study found that nearly 75 percent of all adults in the U.S. who use the Internet also have Facebook accounts. What if Facebook could soon have a major (positive) impact on litigation?
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Waterfill: State court vs. federal court: Which venue is best?

May 20, 2015
What are the various considerations when determining between state and federal court?
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Hammerle on ... the value of books

May 20, 2015
Robert Hammerle
Bob Hammerle takes a break from reviewing movies to offer his thoughts on a book that involves Hollywood directors serving in World War II.
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Start Page: Drag and drop your way to a more productive day

May 20, 2015
Seth Wilson
Lawyers live or die by deadlines, so if something’s on the calendar, there’s a good chance it will get done. This article will suggest a few ways we can harness the power of the Outlook Calendar to get things done and feel less stress.
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Indiana Judges Association: Clarity can come with certain costs

May 20, 2015
David Dreyer
Judges are decidedly impartial, but not necessarily unequivocally impartial.
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Bell/Whelan: 3 things to know about amended pro bono reporting rule

May 20, 2015
James Bell, Jessica Whelan
Rule 6.7, in effect for a mere four months, was recently amended by a Supreme Court order issued April 30, 2015, and effective immediately. The amendment provides additional clarity on what is expected of Indiana attorneys with respect to reporting pro bono service.
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Dean's Desk: Stewart Fellows bring global experience to Indiana

May 6, 2015
Austen Parrish
Globalization, once the exclusive domain of so-called international lawyers, now touches many lawyers’ practices. For this reason, the IU Maurer School of Law has been on the forefront of offering global opportunities to our students.
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Neutral Corner: Admitting mediation communications in bad-faith actions

May 6, 2015
John Van Winkle
Are statements, offers and demands made during a mediation admissible in a bad-faith case? This issue is presently pending before the 9th Circuit Court of Appeals and is being watched by many in the mediation community with the hope it will clarify to what extent exceptions will continue to be created to the mediation confidentiality statutes.
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Technology Untangled: Remember this useful tip for fixing a computer

May 6, 2015
Stephen Bour
There is always so much new information to learn and absorb when utilizing and maintaining your computer. Sometimes, though, you can forget about some of the really good things you already know (or knew). After digging deep into a recent computer problem that appeared to be a major issue, I remembered to try an easy fix.
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Michael: The importance of Article 7 of the Ind. Administrative Code

May 6, 2015
Article 7 of the Indiana Administrative Code provides standards, procedures and protections for students with disabilities and is a “lucky number” for attorneys to remember when it comes to clients and their educational needs.
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Hammerle On…'The Water Diviner,' 'Ex Machina'

May 6, 2015
Robert Hammerle
Bob Hammerle gives Russell Crowe credit for trying to match the power of "All Quiet on the Western Front" in his movie "The Water Diviner."
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Lechleiter: PTO improves adversarial procedures for challenging patents

April 22, 2015
As the U.S. Patent and Trademark Office issues more and more patents each year, inevitably many companies will find themselves named as defendants in patent-infringement litigation.
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McCauley: Are you prepared for a data breach litigation?

April 22, 2015
John McCauley
Data breaches can be very stressful events for an organization and counsel should be prepared to help a client navigate the complexities of a proper response. At the end of the day, maintaining the client’s ongoing relationship with its customers and its reputation in the marketplace should be the primary goal of the client and counsel.
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Indiana Lawyer owner reflects on paper’s 25-year history

April 22, 2015
The Indiana Lawyer was launched 25 years ago with a quest to have a prestigious publication that would be educational and enjoyable, and have a positive impact on the legal community.
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Making Rain: Use these tips to improve email etiquette

April 22, 2015
Dona Stohler
Maybe you are thinking, “What does email etiquette have to with business development?” Generally, quite a lot.
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  1. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  2. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

  3. She must be a great lawyer

  4. Ind. Courts - "Illinois ranks 49th for how court system serves disadvantaged" What about Indiana? A story today from Dave Collins of the AP, here published in the Benton Illinois Evening News, begins: Illinois' court system had the third-worst score in the nation among state judiciaries in serving poor, disabled and other disadvantaged members of the public, according to new rankings. Illinois' "Justice Index" score of 34.5 out of 100, determined by the nonprofit National Center for Access to Justice, is based on how states serve people with disabilities and limited English proficiency, how much free legal help is available and how states help increasing numbers of people representing themselves in court, among other issues. Connecticut led all states with a score of 73.4 and was followed by Hawaii, Minnesota, New York and Delaware, respectively. Local courts in Washington, D.C., had the highest overall score at 80.9. At the bottom was Oklahoma at 23.7, followed by Kentucky, Illinois, South Dakota and Indiana. ILB: That puts Indiana at 46th worse. More from the story: Connecticut, Hawaii, Minnesota, Colorado, Tennessee and Maine had perfect 100 scores in serving people with disabilities, while Indiana, Georgia, Wyoming, Missouri and Idaho had the lowest scores. Those rankings were based on issues such as whether interpretation services are offered free to the deaf and hearing-impaired and whether there are laws or rules allowing service animals in courthouses. The index also reviewed how many civil legal aid lawyers were available to provide free legal help. Washington, D.C., had nearly nine civil legal aid lawyers per 10,000 people in poverty, the highest rate in the country. Texas had the lowest rate, 0.43 legal aid lawyers per 10,000 people in poverty. http://indianalawblog.com/archives/2014/11/ind_courts_illi_1.html

  5. A very thorough opinion by the federal court. The Rooker-Feldman analysis, in particular, helps clear up muddy water as to the entanglement issue. Looks like the Seventh Circuit is willing to let its district courts cruise much closer to the Indiana Supreme Court's shorelines than most thought likely, at least when the ADA on the docket. Some could argue that this case and Praekel, taken together, paint a rather unflattering picture of how the lower courts are being advised as to their duties under the ADA. A read of the DOJ amicus in Praekel seems to demonstrate a less-than-congenial view toward the higher echelons in the bureaucracy.

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