Opinion

Sidebars: Fried chicken stands out at Vincennes eatery

December 18, 2013
Jennifer Lukemeyer, Fred Vaiana
Our trio sauntered over to the Dogwood Barbeque after late-morning court for lunch based upon the recommendation of Knox County Deputy Prosecutor Joe Burton. Joe must like to eat because this buffet-style restaurant serves up massive quantities of food for a reasonable price.
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Bell/Gaerte: 3 things to know about confidentiality

December 18, 2013
James Bell, K. Michael Gaerte
While social media has not mandated the creation of new ethical guidelines, it does make it easier to commit an ethical foul.
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Federal Bar Update: Rule 45 amendments on subpoenas took effect Dec. 1

December 18, 2013
John Maley
Amendments took effect Dec. 1 to Rule 45 of the Federal Rules of Civil Procedure. Also, amendments took effect to several of the Southern District of Indiana’s Local Rules.
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Gallagher: Does USPTO favor an international model?

December 4, 2013
In the new first-to-file system, the person who filed a patent application first would receive the benefit of getting the 20-year monopoly. However, there appear to be more subtle changes geared toward an international/European model that could substantially affect an inventor’s ability to obtain a patent in the United States, although these changes could be limited in duration.
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Start Page: Is your data in the cloud really out of (your) control?

December 4, 2013
In today’s rapidly changing technology environment, programmers update software frequently. Your choice: accept the changes or move on. When was the last time you went more than a day without an update request from your smartphone?
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INBOX: State bar needs to speak up on marriage equality

December 4, 2013
Shawn Marie Boyne writes that the Indiana State Bar Association needs to speak up in defense of marriage equality like the American Bar Association has.
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Indiana Judges Association: 'You can't eat the Constitution'

December 4, 2013
David Dreyer
Like most judges, Shay Minton’s achievements were numerous, but largely unmeasured.
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Hammerle on ... 'The Hunger Games: Catching Fire','Dallas Buyers Club'

December 4, 2013
Robert Hammerle
Bob Hammerle roots for Jennifer Lawrence's Katniss Everdeen in the newest "Hunger Games" movie.
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Gibson: Managing drug and medical device mass-tort litigation

November 20, 2013
A common mistake is the belief that a mass tort and a class action are interchangeable terms. While the paths of class actions and mass torts may cross, they are separate and distinct legal proceedings.
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Hammerle on…'12 Years a Slave,' 'Thor: The Dark World' and 'All is Lost'

November 20, 2013
Robert Hammerle
Bob Hammerle says forget what the critics say, "Thor: The Dark World" is a rollicking fun time.
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Bell/Gaerte: 3 things to know about criticizing judges

November 20, 2013
James Bell, K. Michael Gaerte
The case of In the Matter of T.D., --- N.E.2d ----, 71S00-1104-DI-196 (Ind. Oct. 8, 2013), provided guidance to attorneys about judicial criticism.
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DTCI: Don’t miss the 2013 annual meeting in Michigan City

November 20, 2013
From DTCI
This year the DTCI Annual Meeting will be held at the Blue Chip Casino in Michigan City. The conference begins at 10 a.m. Thursday, Nov. 21, and continues through 5 p.m. on Friday, Nov. 22. If you have not yet registered to attend, I strongly encourage you to pack your suitcase with casual clothes (and a little extra green for the casino) and head north to get all the CLE you need for the year at one conference for the reasonable price of $299.
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Living Fit: ISBA ‘buddies’ with attorneys to stay fit during the holidays

November 20, 2013
Sharon McGoff
This year, do something different! Your Indiana State Bar Association has launched the Maintain No Gain Buddy Campaign. This is your chance to stay healthy during the holidays, maintain your current weight, receive daily health tweets from me to keep you going, and win a Fitbit Pedometer.
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Dean's Desk: Law schools can't be good, fast and cheap

November 6, 2013
Andrew Klein
It is no secret that legal education has faced criticism in recent years. In fact, a virtual cottage industry has developed around the topic. Entire websites and blogs are devoted to the theme, some specializing in cynical and sarcastic commentary.
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Start Page: Voices from the cloud

November 6, 2013
Kim Brand
VOIP offers many attractive features. Among them, “cloud based” access to your office phone system. Conferencing, voice mail-to-email, call attendant services, cheap long distance, find me/follow me, etc., are the new normal.
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Finney: Is trial technology a reasonable and necessary expense?

November 6, 2013
Deanna Finney
A recent decision from the Nevada District Court, Clark County, demonstrated that technology at trial is a valued component and not merely a dog-and-pony show. The dispute at hand centered upon unpaid expenses for trial technology that had been deemed as not a “reasonable and necessary” expense.
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Column: Decision provides protection from ERISA retaliation

November 6, 2013
The 7th Circuit Court of Appeals has issued a key decision affecting the rights of employees who complain internally to their employers about failures to properly fund employee benefit plans governed by the Employee Retirement Income Security Act.
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Sidebars: Westville eatery delights with oven-baked items

November 6, 2013
Jennifer Lukemeyer, Fred Vaiana
We give Olga’s Place Pizzeria & Restaurant 4 gavels!
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Bell/Gaerte: 3 things to know about the right to silence after Salinas

October 23, 2013
James Bell, K. Michael Gaerte
James Bell and K. Michael Gaerte outline the three things to know about the impact of the U.S. Supreme Court's decision on the right to remain silent.
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DTCI: Can women in the legal profession really beat the odds?

October 23, 2013
From DTCI
Research has shown that the greatest barrier to advancement for women attorneys is the work-family conflict.
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Federal Bar Update: Rule requires advance service of non-party document requests

October 23, 2013
John Maley
Unknown to some practitioners, since 1991 the current version of Fed. R. Civ. P. 45 requires advance notice to opposing parties of document subpoenas issued to non-parties.
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Hammerle on … 'Gravity,' 'Captain Phillips'

October 23, 2013
Robert Hammerle
Taking place on a damaged space station, Alfonso Cuaron’s “Gravity” is the most challenging space adventure focusing on the human heart since Stanley Kubrick’s “2001: A Space Odyssey” (1968). It forces you to examine the ultimate purpose of life given the fact that we are all going to die.
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Indiana Judges Association: Are changes needed to ‘change of judge’ rule?

September 25, 2013
David Dreyer
Marion Superior Judge David Dreyer discusses the "Change of Judge" rule in this issue of Indiana Lawyer.
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Start Page: Not so wonderful wireless comes with hitches

September 11, 2013
Kim Brand
The last personal computer you bought probably wasn’t a PC. It was a ‘mobile’ device – a tablet or laptop or smartphone. The common denominator of these devices is their dependence on wireless connectivity to your local area network and/or the Internet. The ‘jack’ is gone.
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Dean's Desk: Dean excited to teach, interact more with students this semester

July 31, 2013
Nell Jessup Netwon
I am sitting at my desk, back from vacation, swamped under the combination of the paperwork that accrued while I was gone and what seems like an unusual amount of pre-term work. I am realizing that I am also just four weeks away from teaching a four-credit contracts course for the first time in 10 years and wondering “What was I thinking?” Although some professors can glance at their notes, stroll into class and conduct a brilliant session, I’ve always been the kind that has to review everything, rewrite my notes and build up a certain level of anxiety before teaching, like the actor who falls flat if she doesn’t experience stage fright. In other words, I’ve signed up for what could be a world of pain in the fall semester of 2013.
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  1. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  2. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

  3. She must be a great lawyer

  4. Ind. Courts - "Illinois ranks 49th for how court system serves disadvantaged" What about Indiana? A story today from Dave Collins of the AP, here published in the Benton Illinois Evening News, begins: Illinois' court system had the third-worst score in the nation among state judiciaries in serving poor, disabled and other disadvantaged members of the public, according to new rankings. Illinois' "Justice Index" score of 34.5 out of 100, determined by the nonprofit National Center for Access to Justice, is based on how states serve people with disabilities and limited English proficiency, how much free legal help is available and how states help increasing numbers of people representing themselves in court, among other issues. Connecticut led all states with a score of 73.4 and was followed by Hawaii, Minnesota, New York and Delaware, respectively. Local courts in Washington, D.C., had the highest overall score at 80.9. At the bottom was Oklahoma at 23.7, followed by Kentucky, Illinois, South Dakota and Indiana. ILB: That puts Indiana at 46th worse. More from the story: Connecticut, Hawaii, Minnesota, Colorado, Tennessee and Maine had perfect 100 scores in serving people with disabilities, while Indiana, Georgia, Wyoming, Missouri and Idaho had the lowest scores. Those rankings were based on issues such as whether interpretation services are offered free to the deaf and hearing-impaired and whether there are laws or rules allowing service animals in courthouses. The index also reviewed how many civil legal aid lawyers were available to provide free legal help. Washington, D.C., had nearly nine civil legal aid lawyers per 10,000 people in poverty, the highest rate in the country. Texas had the lowest rate, 0.43 legal aid lawyers per 10,000 people in poverty. http://indianalawblog.com/archives/2014/11/ind_courts_illi_1.html

  5. A very thorough opinion by the federal court. The Rooker-Feldman analysis, in particular, helps clear up muddy water as to the entanglement issue. Looks like the Seventh Circuit is willing to let its district courts cruise much closer to the Indiana Supreme Court's shorelines than most thought likely, at least when the ADA on the docket. Some could argue that this case and Praekel, taken together, paint a rather unflattering picture of how the lower courts are being advised as to their duties under the ADA. A read of the DOJ amicus in Praekel seems to demonstrate a less-than-congenial view toward the higher echelons in the bureaucracy.

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