Opinion

DTCI: What happened to practicing ‘civil’ litigation?

March 12, 2014
From DTCI
It is unusual to open a lawyers’ magazine without seeing an article about civility. What happened to “civil” litigation? It must be like the weather – a lot of people are writing about it, but no one seems to be doing anything about it.
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Federal Bar Update: ND requires e-filing; SD launches hyperlink pilot

March 12, 2014
John Maley
Effective Feb. 24, all new complaints and removals in the Northern District of Indiana must be e-filed.
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Hammerle On … '3 Days to Kill' and 'Non-Stop'

March 12, 2014
Robert Hammerle
Bob Hammerle reviews two action movies where the heroes are aging, alcoholic men with lost hopes and dreams. Is there any question why both are male trial lawyers' dream films?
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Dean's Desk: Legal education partners enhance law school experience

February 26, 2014
Peter Alexander
At Indiana Tech Law School, we have decided to partner with our local legal community in order to break out of the mold of the “traditional law school.” The judges and lawyers in Northeast Indiana and Northwest Ohio have been invited to invest themselves in the success of our school and in the professional development of our students, and they have stepped up in a big way to help us.
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Pashos: Is cost-of-service regulation relevant in today's world?

February 26, 2014
Today, public utilities are experiencing significant cost increases, due to issues such as federal environmental and other mandates, and the need to upgrade decades-old infrastructure. These cost pressures, combined with fast-paced technology, market changes and other states’ experimentation with retail deregulation, are causing policymakers and others to ask whether cost-of-service regulation remains relevant or whether deregulation might be a preferable alternative.
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Ladendorf: Footage protected by work-product doctrine

February 26, 2014
My law firm recently confronted the discoverability of settlement documentary footage in a case involving a tractor-trailer collision in the U.S. District Court for the Northern District of Indiana, Hammond Division. Our firm retained an outside vendor to assist in the preparation of a “settlement video brochure” to present at the federal settlement conference. The video depicted the human toll of the plaintiff’s catastrophic injuries through lay and expert witness statements and home videos.
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Technology Untangled: Windows 8.1’s good points bundled with annoyances

February 26, 2014
Stephen Bour
If you read no further than this paragraph, here is the most important advice I have to offer. Be sure to choose a laptop that has a touch-enabled screen. Windows 8.1 is clearly designed to work best with a 10-point multi-touch screen.
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Hammerle On … 'The Lego Movie,' 'The Monuments Men'

February 26, 2014
Robert Hammerle
Bob Hammerle believes "The Lego Movie" should be nominated for an Oscar next year.
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Essley: The land of (health care lien) confusion

February 12, 2014
Eric Essley writes about a few of the health care-related lien statutes often encountered and/or cited by the plaintiff’s bar and their in-house/defense counterparts when trying to settle claims.
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Lucas: Our current gun control approach is not working

February 12, 2014
Kelly Lucas
While I am not arguing against a person’s right to own guns or protect himself from threat, here is the question I can not shake: When does one person’s right to own a gun trump another person’s right to return home alive? In fiercely protecting one, we are clearly not doing enough to ensure the other.
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DTCI: 'Caring for' family under FMLA

February 12, 2014

What happens when a family member is diagnosed with a terminal illness and begins the somber review of their bucket list, noticing that a trip to Las Vegas is still unchecked? Would taking time to accompany and care for that family member be included in the definition of caring for under the FMLA?

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Bell/Gaerte: 3 things to know about withdrawing from a case

February 12, 2014
James Bell, K. Michael Gaerte
Unfortunately, there comes a time in some attorney-client relationships when breakup is inevitable. You may have tried to “work things out” with your client, but things only got worse. So what do you do?
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Start Page: Tips for catching up after snow days

February 12, 2014
We’re already over a month in to 2014. So far, the weather has wreaked havoc on school and work schedules. If you are like me, the list of things to accomplish has only gotten longer as a result. The solution? Use your technology tools more efficiently. Here are three concepts and related tips to help you (and me) dig out and catch up.
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Hammerle on ... 'American Hustle' leads favorites for 2014 Oscars

February 12, 2014
Robert Hammerle
It's that time of the year when Bob Hammerle makes his Oscar picks. See if you agree with his choices.
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Papageorge: Predictive coding gaining support in courts

January 29, 2014
Attorneys now are faced with the monumental task of collecting, reviewing and producing their own client’s electronic documents while also reviewing the opposing side’s electronic documents. This can lead to uncomfortable conversations with clients regarding the significant cost of the process.
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Inbox: Attorney responds to letter suggesting refunds for failing bar exam

January 29, 2014
In reply to Mr. Robert C. Thompson, Jr.’s proposal in the “Viewpoint” column that law schools issue full refunds when alumni fail the Bar Exam twice, attorney Sally Hubbard respectfully disagrees.
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Indiana Judges Association: What you need to know about state judges

January 29, 2014
David Dreyer
While there may (or may not) be a big difference between horses and humans, there may not be any difference between horse judging and human judging. After all, judging is a fundamental objective endeavor.
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Hammerle On … 'Lone Survivor,' 'August: Osage County'

January 29, 2014
Robert Hammerle
Bob Hammerle says "Lone Survivor" is a powerful, heartbreaking film that simply has to be seen.
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BGBC: Court agrees with IRS that advanced client expenses are loans

January 29, 2014
An important U.S. Tax Court ruling last year may affect you and your law firm. The case settled a long-standing dispute between attorneys and the Internal Revenue Service regarding advanced client expenses for lawyers who handle cases on a contingency basis.
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Inbox: Attorney proposes refund if student fails bar exam twice

January 15, 2014
Attorney Robert C. Thompson Jr. writes, "In response to Dean Klein’s article, “Law Schools can’t be good, fast and cheap,” I take exception to his premise."
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Inside the Criminal Case: Technology aids review of questioning technique

January 15, 2014
James Bell, K. Michael Gaerte
Danielle Kelly v. State is the first time that the Indiana Supreme Court has addressed law enforcement’s use of the “question first, Mirandize second” questioning technique. 997 N.E.2d 1045 (Ind. 2013). Kelly also provides additional focus on the role technology plays in the changing scope of suspect/law enforcement interaction.
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Federal Bar Update: Court launches new website, case management plan

January 15, 2014
John Maley
The Southern District’s website is revamped, with a new and improved look and feel. The case opinion search feature remains and allows searching by judge and/or date. It can be a useful tool to get recent standards, for instance, on common issues.
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Living Fit: Maintain No Gain participants stay lean

January 15, 2014
Sharon McGoff
I hope you realize anyone can make positive changes to their health, no matter the circumstances that impede your path. I hope you enlist the help of a buddy or coach to help motivate you to gain new habits and lose destructive behaviors.
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Hammerle On…'American Hustle,' 'Inside Llewyn Davis,' 'Anchorman 2: The Legend Continues,' 'The Hobbit: The Desolation of Smaug'

January 1, 2014
Robert Hammerle
Bob Hammerle says don't be surprised if David O. Russell’s “American Hustle” wins Oscar’s top prize.
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Hammerle On …'Philomena,' 'Nebraska'

December 18, 2013
Robert Hammerle
The unforgettable Judi Dench makes “Philomena” a triumph. Based on a book written by Martin Sixsmith, played here by Steve Coogan, Dench embodies Philomena, an aging Irish woman wrestling with profound regret.
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  1. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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