Opinion

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.
More

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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Larimore and Riddle: FDA loses a First Amendment challenge

July 13, 2016
Mary Nold Larimore and Nancy Menard Riddle recap exciting developments in drug and device law.
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BGBC: Avoiding potential pitfalls of payroll service providers

July 13, 2016
If you’re an attorney who provides advice to small businesses, it’s not uncommon for a new (or existing) business owner to ask your advice on which payroll service provider to use.
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Inside the Criminal Case: The exclusionary rule is on a losing streak

July 13, 2016
James Bell, K. Michael Gaerte
The latest defeat for the exclusionary rule came in the case of Utah v. Strieff.
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Living Fit: Sharon’s top 5 for getting and staying in shape

July 13, 2016
Sharon McGoff
People from all walks of life transform their health and bodies with one common denominator — they are consistent with the positive changes they make.
More

Hammerle on... 'Free State of Jones,' 'The Legend of Tarzan'

July 13, 2016
Robert Hammerle
Bob Hammerle says don't be misled about "The Legend of Tarzan" by critics with a bad attitude.
More
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  2. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

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  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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