Opinion

Hammerle on…'The Light Between Oceans,' 'Sully'

September 21, 2016
Robert Hammerle
Bob Hammerle recommends "The Light Between Oceans," but will never watch it again.
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Sugarman: SCOTUS affirms wetland determinations subject to review

September 7, 2016
On May 31, the United States Supreme Court once again unanimously delivered a victory for landowners who wish to challenge wetlands determinations handed down by the federal government.
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Wagner: Who will pay to clean up Indiana's polluted deep aquifers?

September 7, 2016
Bill Wagner
With fewer taxpayer dollars to fund the Superfund program, the responsible parties left standing would have to bear the costs for others that have either gone out of business or filed for bankruptcy.
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Bell/Whelan: 3 things to know about requests for client information

September 7, 2016
James Bell, Jessica Whelan
Here are three things to know when a third party requests information about your client, including don’t be cooperative, civil or otherwise charming.
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Quality of Life: When it feels like there aren’t enough hours in the day

September 7, 2016
Jonna Kane MacDougall
How’s life going these days? Are we having fun yet? The name of this column is “Quality of Life.” How would you assess the quality of your life?
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DTCI: The need for federal anti-SLAPP legislation is great

September 7, 2016
Christopher Lee
Whether it is The Speak Free Act or some other federal legislation, there appears to be a growing consensus that a federal uniform anti-SLAPP statute will eventually be enacted.
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Hammerle On…'Kubo and the Two Strings,' 'Hell or High Water,' 'Don't Think Twice'

September 7, 2016
Robert Hammerle
Bob Hammerle says "Kubo and the Two Strings" is a magnificent animated film for adults and older children.
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Patterson: Trial by jury ensures justice for the people

August 24, 2016
As the state of Indiana celebrates its bicentennial year, we should all remember the importance of the right to trial by jury and commit to ensuring that this right remains inviolate.
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Jones/Schocke: What to do about peeping drones

August 24, 2016
The FAA does not appear to be taking a stance on privacy any time soon as they have remarked that the question of privacy should be determined under state law. So where do our state laws stand on privacy issues?
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DeVoe/Escoffery: Acquiring UI accounts in asset purchase deals

August 24, 2016
Although the seller’s Indiana unemployment insurance account may not be the focus of an asset purchase transaction, it is important for the buyer and seller to consider the subject before closing on the purchase.
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Hanson/Eckhart: Class wage-and-hour litigation is an ongoing threat

August 24, 2016
Employers face countless labor and employment challenges every day. Wage-and-hour compliance issues are near the top of that list because employers have experienced an increase in the number of class- and collective-action lawsuits filed against them.
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Hammerle on... 'Indignation,' 'Sausage Party,' 'Bad Moms'

August 24, 2016
Robert Hammerle
Bob Hammerle says "Indignation" should be knocking on the door when Oscar nominations are announced next year.
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Cohen and Mattingly: ESI review protocols: No more shots in the dark

August 10, 2016
Document productions, if done incorrectly, are often overly and underly broad; unnecessarily expensive and inefficient; and potentially damaging. These days if you, knowingly or unknowingly, produce a needle in a stack of hay, it will be (or should be) found.
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Keaton: NIED: Impact, involvement and injury

August 10, 2016
Must a physical injury occur before a plaintiff may recover for negligent infliction of emotional distress? Perhaps not.
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Start Page: Are you (tech) ready for back to school?

August 10, 2016
Seth Wilson
This article offers some ideas to help you use technology to take charge of the back-to-school chaos and make this school year great.
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DTCI: Want to stop the lawyer jokes? Change the perception

August 10, 2016
Matthew King
It troubles me when our profession is reduced to jokes. If the public perception of lawyers perpetuates the jokes and negative portrayals, and if those jokes and portrayals bother us, what can we do to change the public perception?
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Hammerle On…'Captain Fantastic,' 'Star Trek Beyond'

August 10, 2016
Robert Hammerle
Bob Hammerle says "Captain Fantastic" is a creative, daring film that encourages you to think.
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Hammerle On…'The Secret Life of Pets,' 'Hunt for the Wilderpeople,' 'Ghostbusters'

July 27, 2016
Robert Hammerle
Bob Hammerle says "The Secret Life of Pets" will leave a smile on your face.
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Federal Bar Update: Southern District’s local rule on indigent appointments

July 27, 2016
John Maley
Although referred to by some as the “mandatory pro bono rule,” in fact the rule is entitled “Representation of Indigent Litigants,” and is multi-faceted.
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Morris: Indy Legal Aid Society to roast Jim Voyles

July 27, 2016
Greg Morris
I’m taking a break from these two weeks of political conventions and attempting instead to refocus on important local topics. A perfect example is the fun evening coming up to celebrate the 75th anniversary of the Indianapolis Legal Aid Society.
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Making Rain: Change is necessary for firms to survive

July 27, 2016
Dona Stohler
Law firms today must change their approach toward business development and marketing and embrace the change.
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Eichholtz: Effects of opioid overdose on third-party custody issues

July 27, 2016
Opioid and heroin abuse or overdose commonly result in the temporary removal of a child from the custody of her natural parents; prevention of reunification with natural parents; or termination of parental rights. Thus, family law practitioners would be well suited to review the relevant statutes and case law involving custody and third-party custody proceedings, among other things.
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Christensen/Laurin: Should lawyers report child abuse learned in representation?

July 27, 2016
When — if ever — is it appropriate for an attorney to report child abuse learned through client representation? The answer centers on the difference between confidentiality and privilege.
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Technology Untangled: Yes, they really are tracking your every move

July 27, 2016
Stephen Bour
In my last article, I alerted you to some of the issues involving email privacy and encryption. Today’s article will look at another area of concern regarding privacy: smartphone location tracking and activity logging.
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Schocke: The future of the Indiana Medical Malpractice Act

July 13, 2016

With the advent of the new medical malpractice caps, what will be the effect on the volume of malpractice claims? Moreover, will the cap alterations sufficiently protect the act from constitutional challenges?

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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