Opinion

DTCI: The broad scope of MDA preemption

June 9, 2010
John Twohy
In a series of decisions culminating in Riegel v. Medtronic, Inc.,  federal courts came to recognize that the Medial Device Amendments preempted not only traditional products liability claims such as those based on an alleged defect or implied warranty but also causes of action premised on theories such as consumer fraud.
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Editorial: Hunt for victims' rights

May 26, 2010
Editorial Indiana Lawyer

Here at the newspaper, we’re big fans of the First Amendment to the United States Constitution. But we understand the need for and exuberance some individuals feel for the Second Amendment: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

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Letter to the editor: Distracted driving results in tragedy

April 28, 2010
The other day as I was reading through the March 17-30, 2010 issue of Indiana Lawyer, my attention was called to David Temple's article "Be smart: Don't use cell phone while driving!"
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Letter to editor: Articles attack integrity

April 28, 2010
You can imagine my surprise upon reading articles in the Indiana Lawyer, The Indianapolis Star, and the Indianapolis Business Journal falsely impugning my integrity and the integrity of our law firm.
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Editorial: Political pomposity a disservice to public

April 28, 2010
Editorial Indiana Lawyer
Dawn Johnsen deserved the nomination, and definitely was the right woman for the job, but unfortunately partisan vitriol appears to be worth more in Washington, D.C., than doing the right thing.
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Technology Untangled: Windows 7 provides compatibility with XP

April 28, 2010
Stephen Bour
One of the problems with upgrading to a new computer every few years is that you often must upgrade to a new version of Windows. This time around, it's Windows 7.
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Opinion: One inattentive moment is all it takes

April 28, 2010
Lee Christie
In the March 17-30, 2010, issue of Indiana Lawyer, my colleague David A. Temple authored an informative article on cellular phone use while driving. In closing his article, he posed the question, "[w]ho will care for, raise and play with your family when you are disabled or dead?"
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Opinion: Stay focused on the road, not the phone

April 28, 2010
Ryan Klitzsch
We've all been there. Driving the same route day-in and day-out, a hundred times before, with little to differentiate one trip from another. Then there's that one moment when something unforeseen occurs requiring you to instantly maneuver your vehicle and test how good your reflexes and anti-lock brakes really are - making this all-too-routine trip very different from the rest.
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DTCI: EPA addresses lead paint renovation issues

April 14, 2010
Jason Massaro
After April 22, 2010, an act mandates that no person or company may perform, offer, or claim to perform renovations without first being certified by the Environmental Protection Agency where such renovations occur in structures that were, inter alia, constructed before 1978 and visited regularly or occupied by a child under the age of 6 or by a pregnant woman in which such structures are shown to have a high enough level of lead-based paint after testing.
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Editorial: We the People team's civics study heartens many

April 14, 2010
Editorial Indiana Lawyer
Like it or not, we live in a time where, for some people at least, it's become acceptable to speak about "reloading" when doing battle against political opponents and to mark their political districts with gun sites, and where members of a Midwestern church believe it's their duty to travel the nation and spew hate-laced messages in places where people are mourning tragedy.
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Editorial: Lawmakers don't inspire confidence

March 17, 2010
Editorial Indiana Lawyer
Indiana Supreme Court Justice Frank Sullivan certainly spoke for us when he asked this question a couple of weeks ago: "Wouldn't we feel better about all of this if it hadn't been enacted on partyline votes, though?"
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Sidebars: Get down to business at Palomino

March 17, 2010
Jennifer Lukemeyer, Fred Vaiana
Now it's time to get serious. During the past couple of years writing this column Jenny and I have had a great deal of fun. If you readers enjoy our contribution to the Indiana Lawyer only half as much as we do then this article serves its intended purpose - a break from the hard-nosed realities of practicing law.
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Editorial: Losing sight of the goal

March 3, 2010
Editorial Indiana Lawyer
Feb. 25 was certainly an ugly day.
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Indiana Judges Association: Legislative gridlock? Let the judges handle itRestricted Content

March 3, 2010
David J.
Now that Sen. Evan Bayh has apparently adopted the "Bill Polian" approach to political football (rest now for a later challenge), the term "gridlock" is becoming more common than "gridiron."
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Editorial: Deadbeat bill a good idea

February 17, 2010
Editorial Indiana Lawyer
At first glance, the legislation seems like the sort that no one could possibly have an objection to.
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Editorial: SCOTUS order in Proposition 8 trial chillsRestricted Content

January 20, 2010
Editorial Indiana Lawyer
It sounded too good be true, so we weren't surprised when we found out it was not to be.
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Boodt: U.S. Supreme Court journey offers many lessonsRestricted Content

January 6, 2010
David Boodt
Last spring, after the 9th Circuit Court of Appeals denied USA Funds' petition for rehearing en banc in an important student loan bankruptcy case, my colleagues Joni Anderson and Julie Ragsdale recommended that USA Funds file a petition for certiorari with the Supreme Court of the United States.
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Editorial: Quit stalling nominations

January 6, 2010
Editorial Indiana Lawyer
After languishing in the U.S. Senate for about 10 months, the nomination of Dawn Johnsen to lead the Office of Legal Counsel finally got some action.
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Editorial: State should avoid selection slugfests

July 23, 2008
Editorial Indiana Lawyer
We'd like to see the average voter know more about our appellate courts.
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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