Opinion

Gardner: Judicial deference and the Clean Power Plan

March 9, 2016
Justice Scalia’s long and momentous career on the U.S. Supreme Court gave us innumerable important decisions (and scathing dissents) that have shaped the intersection of administrative and environmental law.
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Start Page: Why you should consider Microsoft Office 365

February 24, 2016
Seth Wilson
Migrating to Office 365 is a decision that should be made with careful planning and consideration of the risks and benefits of a cloud-based system. That said, the trend toward using other people’s computers to lower your own operating costs will only continue in the future.
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DTCI: Rights of refusal and ‘cooling-off periods’

February 24, 2016
Jason Massaro
I find myself often representing companies that are subject to all sorts of tangential laws that they must know about and adhere to. Many times these laws require certain notice requirements to the clients with whom my clients do business.
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DeKoninck: A call to serve the hopeless in our communities

February 24, 2016
Through daily concerns over billable hours and client meetings, networking events and continuing education, it is easy for those in the legal field to forget our responsibility to serve those in need in the communities where we live and work.
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In-Box: The Constitution, court vacancies

February 24, 2016
Letters to the editor reflect on the Constitution and supreme court vacancies.
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Hammerle on ... Hammerle’s Oscar picks for 2016

February 24, 2016
Robert Hammerle
Once again, the Oscars are upon us, and this year the awards are filled with controversy. Diversity is the buzzword, and it is something that Hollywood needs to acknowledge and meaningfully consider.
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Neutral Corner: Reaction to SCOTUS’ recent arbitration decision

February 10, 2016
John Van Winkle
Comments following the DirecTVdecision have been consistent: Unless Congress acts or the makeup of the court fundamentally changes, mandatory arbitration of consumer disputes and the corresponding limitations of some remedies (such as class actions) is here to stay.
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Cohen/Mattingly: Learn your ESI rules: It's an ethical imperative (chomp)

February 10, 2016
It’s been nearly 10 years since the Supreme Court of the United States approved amendments to the Federal Rules of Civil Procedure to add language addressing electronically stored information, or ESI. Recent FRCP amendments, effective December 2015, clarify ESI obligations. The rules re-introduce traditional concepts of flexibility and proportionality to ESI obligations.
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In-Box: Commercial courts

February 10, 2016
Colin Flora writes in response to the recent announcement of the creation of commercial courts in Indiana.
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BGBC: Who’s responsible for the IOLTA account? You are!

February 10, 2016
One of the most significant and important fiduciary duties that lawyers must perform is to safeguard all client and third-party property held in trust.
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Indiana Judges Association: How are we going to replace Justice Brent Dickson?

February 10, 2016
David Dreyer
There is now a great opportunity to pick our next Supreme Court justice. But our problem is that we have to replace the irreplaceable Justice Brent Dickson.
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Hammerle on ... 'The Hateful Eight,' 'The Revenant'

February 10, 2016
Robert Hammerle
Bob Hammerle says Quentin Tarantino can bring to the screen a pictorial display of viciousness that leaves you gasping with a feeling of disgusted wonder.
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Making Rain: Be more like a political candidate in 2016

January 27, 2016
Dona Stohler
There are striking comparisons between how a candidate works to get elected and how a law firm or lawyer can develop new business. So, if you get overly sensitized by all the campaigning, refocus your attention on the process and you might find a few good ideas to try for yourself.
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Federal Bar Update: Early returns on amended Rules of Civil Procedure

January 27, 2016
John Maley
Significant changes to the Federal Rules of Civil Procedure took effect to civil cases filed on or after Dec. 1, or to cases already pending to the extent just and practicable. In the first two months of these new rules, it is apparent they are having an immediate impact on federal litigation.
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DTCI: ‘Making a Murderer’ influences perception of judiciary

January 27, 2016
Producers of “Making a Murderer” and other true-crime stories have the ability to influence the public’s perception of an individual’s guilt or innocence, as well as the actions of the attorneys involved, well after a verdict is reached and regardless of the evidence presented in the courtroom.
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Inside the Criminal Case: Immunity and Bill Cosby’s motion to dismiss

January 27, 2016
James Bell, K. Michael Gaerte
On Dec. 30, 2015, comedian Bill Cosby was charged with sexual assault in Pennsylvania. These charges stemmed in part from various admissions Mr. Cosby made in a deposition in a civil suit. After learning this news, several thousand criminal defense lawyers scratched their balding heads as they Monday morning quarterbacked the decision to submit Cosby to a deposition.
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Hammerle on …'The Big Short,' 'Carol'

January 27, 2016
Robert Hammerle
Bob Hammerle says "The Big Short" is a reminder of the sometimes amoral nature of our free-enterprise system.
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Hammerle On... 'Star Wars: The Force Awakens,' 'Concussion'

January 13, 2016
Robert Hammerle
Bob Hammerle says "Star Wars: The Force Awakens" is spectacular entertainment from beginning to end.
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Young: Federal re-entry programs continue to benefit community

January 13, 2016
One of the longest-standing initiatives in the Southern District is the voluntary Re-entry and Community Help program. Dating back to 2007, REACH gives high-risk clients an opportunity to participate in monthly informal hearings with a team composed of a federal judge, federal public defender, assistant U.S. attorney, and U.S. probation officer.
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Living Fit: How SMART are your goals for better health?

January 13, 2016
Sharon McGoff
January is the month of resolutions and profound change, as we attempt to cut the cord from the apron strings of the Sugar Plum Fairy and pull ourselves out of the pit of gingerbread man hell.
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Ringlespaugh: Custody issues for parents of special-needs children

January 13, 2016
When deciding child custody in a situation involving a child with special needs, it is important for the courts, parents and attorneys to consider how these situations differ from families that do not have children with disabilities.
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Ryznar: Grandparent visitation 15 years after Troxel

January 13, 2016
Margaret Ryznar
Given continued high levels of divorce and out-of-wedlock births, the role of grandparents continues to be an important source of stability in some families. Thus, in 2015, grandparent visitation made several appearances on the Indiana court dockets.
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Bell/Whelan: 3 things to know about civility and discipline

December 30, 2015
James Bell, Jessica Whelan
As it turns out, acting in a civil manner is not just a way of being polite, or being a good advocate or a way to make the profession look good. In fact, being uncivil in and of itself can lead to disciplinary sanctions.
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Nelson: A look back … and to the profession’s future

December 30, 2015
Jennifer Nelson
Birthdays, anniversaries, and a new year are good times for reflection and evaluation. That’s part of the reason we take a look back at the news we covered throughout the year in our last issue of the year and why we devoted stories each month in honor of our 25th anniversary in print.
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Column: Does Patchett v. Lee make patchwork of medical specials?

December 30, 2015
The Indiana Court of Appeals recently affirmed a ruling in Patchett v. Lee, 29A04-1501-CT-1 (Ind. Ct. App. Nov. 19, 2015), which held that government reimbursement rates are not an accurate reflection of the value of health care services, and thus are inadmissible as evidence of the reasonable value of medical services in personal-injury cases. The Patchett ruling signified a major shift in Indiana law on the determination of medical specials damages.
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  1. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

  2. I was incarcerated at that time for driving while suspended I have no felonies...i was placed on P block I remember several girls and myself asking about voting that day..and wasn't given a answer or means of voting..we were told after the election who won that was it.

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  4. Oh, and you fail to mention that you deprived the father of far FAR more time than he ever did you, even requiring officers to escort the children back into his care. Please, can you see that you had a huge part in "starting the war?" Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

  5. Patricia, i can't understand how painfully heartbreak ithis ordeal must have been for you. I read the appellate case and was surprised to see both sides of the story because your actions were harmful to your child; more so than the fathers. The evidence wasn't re weighed. It was properly reviewed for abuse of discretion as the trial court didn't consider whether a change of circumstance occurred or follow and define the statutes that led to their decision. Allowing a child to call a boyfriend "daddy" and the father by his first name is unacceptable. The first time custody was reversed to father was for very good reason. Self reflection in how you ultimately lost primary custody is the only way you will be able heal and move forward. Forgiveness of yourself comes after recognition and I truly hope you can get past the hurt and pain to allow your child the stability and care you recognized yourself that the father provides.

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