Opinion

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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Technology Untangled: New year means time for a new hard drive

December 30, 2015
Stephen Bour
The start of the new year is always a good time to clean up computer files. Hard drive maintenance is often something that goes unattended until it is too late. Today’s article will describe an instance where I took some of my own advice and replaced and upgraded a hard drive before it failed.
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Hammerle On… 'Chi-Raq'

December 30, 2015
Robert Hammerle
Bob Hammerle reviews "Chi-Raq" and also picks his top films of the year.
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Dean's Desk: McKinney students receive honors for pro bono service

December 16, 2015
Andrew Klein
At our most recent Pro Bono and Clinical Program awards event, we celebrated – for the second year in a row – the fact that our graduating class had contributed more than 20,000 hours of pro bono service to the community during their law school careers.
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Start Page: Goal setting and habit development for the new year

December 16, 2015
Seth Wilson
This year, join me in a different approach: setting goals and developing habits. Neither concept is new and both take effort to be effective. Here are some pointers and tech tools you can use to help support achieving your goals and developing good habits in the new year.
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Indiana Judges Association: 7 hopes on a judicial holiday wish list

December 16, 2015
David Dreyer
As we complete a long, complicated year, my great judge journey leads me to a wish list. While wish lists are not uncommon for gift-giving season, or the start of a new year, this one is intended for regular rumination.
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Neutral Corner: Case reaffirms enforceability of settlement agreements

December 16, 2015
John Van Winkle
A recent Indiana Court of Appeals opinion reaffirmed prior Indiana cases holding that settlement agreements, whether reached with or without mediation, are governed by the general principle of contract law and generally not required to be in writing.
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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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