Opinion

Bell/Whelan: 3 things to know about amended pro bono reporting rule

May 20, 2015
James Bell, Jessica Whelan
Rule 6.7, in effect for a mere four months, was recently amended by a Supreme Court order issued April 30, 2015, and effective immediately. The amendment provides additional clarity on what is expected of Indiana attorneys with respect to reporting pro bono service.
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Dean's Desk: Stewart Fellows bring global experience to Indiana

May 6, 2015
Austen Parrish
Globalization, once the exclusive domain of so-called international lawyers, now touches many lawyers’ practices. For this reason, the IU Maurer School of Law has been on the forefront of offering global opportunities to our students.
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Neutral Corner: Admitting mediation communications in bad-faith actions

May 6, 2015
John Van Winkle
Are statements, offers and demands made during a mediation admissible in a bad-faith case? This issue is presently pending before the 9th Circuit Court of Appeals and is being watched by many in the mediation community with the hope it will clarify to what extent exceptions will continue to be created to the mediation confidentiality statutes.
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Technology Untangled: Remember this useful tip for fixing a computer

May 6, 2015
Stephen Bour
There is always so much new information to learn and absorb when utilizing and maintaining your computer. Sometimes, though, you can forget about some of the really good things you already know (or knew). After digging deep into a recent computer problem that appeared to be a major issue, I remembered to try an easy fix.
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Michael: The importance of Article 7 of the Ind. Administrative Code

May 6, 2015
Article 7 of the Indiana Administrative Code provides standards, procedures and protections for students with disabilities and is a “lucky number” for attorneys to remember when it comes to clients and their educational needs.
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Hammerle On…'The Water Diviner,' 'Ex Machina'

May 6, 2015
Robert Hammerle
Bob Hammerle gives Russell Crowe credit for trying to match the power of "All Quiet on the Western Front" in his movie "The Water Diviner."
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Lechleiter: PTO improves adversarial procedures for challenging patents

April 22, 2015
As the U.S. Patent and Trademark Office issues more and more patents each year, inevitably many companies will find themselves named as defendants in patent-infringement litigation.
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McCauley: Are you prepared for a data breach litigation?

April 22, 2015
John McCauley
Data breaches can be very stressful events for an organization and counsel should be prepared to help a client navigate the complexities of a proper response. At the end of the day, maintaining the client’s ongoing relationship with its customers and its reputation in the marketplace should be the primary goal of the client and counsel.
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Indiana Lawyer owner reflects on paper’s 25-year history

April 22, 2015
The Indiana Lawyer was launched 25 years ago with a quest to have a prestigious publication that would be educational and enjoyable, and have a positive impact on the legal community.
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Making Rain: Use these tips to improve email etiquette

April 22, 2015
Dona Stohler
Maybe you are thinking, “What does email etiquette have to with business development?” Generally, quite a lot.
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Living Fit: It's up to you to be happy

April 22, 2015
Sharon McGoff
For most of us, the answer to the question, “Are you happy?” depends upon who we’re with, our health, work life, finances and family dynamics.
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Hammerle On… 'Fast & Furious 7,' 'While We're Young'

April 22, 2015
Robert Hammerle
Bob Hammerle says even if you have to wear a disguise, you should go see "Fast & Furious 7."
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Dean's Desk: Preparing for a more specialized profession

April 8, 2015
Nell Jessup Netwon
The legal community is keenly aware of the trend toward ever-increasing specialization in the legal profession. The trend has picked up steam every year during the past decade.
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Hammerle On… 'What We Do in the Shadows,' 'It Follows'

April 8, 2015
Robert Hammerle
Bob Hammerle says "What We Do in the Shadows," a mockumentary about four vampires, is an inspiring bit of cinematic lunacy.
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Stevenson: Construction contractor non-delegable duties: then & now

April 8, 2015
With over 200 years of history, the non-delegable duty doctrine is not likely to disappear. As with many long-standing legal principles, it will likely be molded to fit today’s complex construction world.
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Quality of Life: Take steps toward a course for new beginnings

April 8, 2015
Jonna Kane MacDougall
While some behaviors may have helped us progress through life at one time, often they become limiting as we develop and mature. There are ways to change these patterns – to create new internal responses or maps, so to speak, so that you will move in a different direction from your old way of being.
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Start Page: Tips to reduce email notification distraction

April 8, 2015
Seth Wilson
Love it or hate it, email is here to stay. With electronic filing, more of our practice becomes electronic every day.
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Waggoner: What I’ve learned from lawyers gone bad

April 8, 2015
Recent news of Hoosier attorneys donating $100,000 to the victims of disgraced Indiana lawyer Bill Conour prompts several thoughts about bad lawyers and the consequences for those victims.
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Hammerle On…'Chappie' and 'The Best Exotic Marigold Hotel'

March 25, 2015
Robert Hammerle
Bob Hammerle says “Chappie” was "everything that I didn’t think it would be."
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Dean's Desk: Learning to write for the law

March 11, 2015
Andrea D. Lyon
One of the educational challenges facing those of us in higher education (not just law) is teaching writing. The entry of what is often referred to as the millennial generation into higher education has shown a marked decrease in prior opportunities to write, to be critiqued, and, sadly, even to have been instructed in the basics of grammar, sentence structure and syntax.
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Lucas: Indiana Lawyer names 2015 Leadership in Law award winners

March 11, 2015
Kelly Lucas
Congratulations to our 2015 Leadership in Law Distinguished Barristers and Up and Coming Lawyers! This year’s group comprises an exceptional representation of legal talent, and Indiana Lawyer is pleased to have the opportunity to honor their work.
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Technology Untangled: Meet face-to-face with these free video-chat apps

March 11, 2015
Stephen Bour
This article will look at Firefox Hello and compare it to the similar GoToMeeting.
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Chamberlain: Brain injury awareness month highlights affects on survivors

March 11, 2015
March is brain injury awareness month in the United States, recognizing that 3.5 million Americans suffer a brain injury each year. Brain injury is a lifelong, ongoing and degenerative disease process that affects survivors, their families and the general public.
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Hammerle On … The Oscars revisited; 'McFarland, USA'

March 11, 2015
Robert Hammerle
Bob Hammerle calls "McFarland, USA" a Hispanic version of the movie "Hoosiers."
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Start Page: Get more out of your iPhone using these 3 tips

February 25, 2015
Seth Wilson
It seems to me that more lawyers are using iPhones. Almost all the attorneys in my office use an iPhone, and I see iPhones at depositions, hearings and client meetings.
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  1. Living in South Bend, I travel to Michigan a lot. Virtually every gas station sells cold beer there. Many sell the hard stuff too. Doesn't seem to be a big deal there.

  2. Mr. Ricker, how foolish of you to think that by complying with the law you would be ok. Don't you know that Indiana is a state that welcomes monopolies, and that Indiana's legislature is the one entity in this state that believes monopolistic practices (such as those engaged in by Indiana Association of Beverage Retailers) make Indiana a "business-friendly" state? How can you not see this????

  3. Actually, and most strikingly, the ruling failed to address the central issue to the whole case: Namely, Black Knight/LPS, who was NEVER a party to the State court litigation, and who is under a 2013 consent judgment in Indiana (where it has stipulated to the forgery of loan documents, the ones specifically at issue in my case)never disclosed itself in State court or remediated the forged loan documents as was REQUIRED of them by the CJ. In essence, what the court is willfully ignoring, is that it is setting a precedent that the supplier of a defective product, one whom is under a consent judgment stipulating to such, and under obligation to remediate said defective product, can: 1.) Ignore the CJ 2.) Allow counsel to commit fraud on the state court 3.) Then try to hide behind Rooker Feldman doctrine as a bar to being held culpable in federal court. The problem here is the court is in direct conflict with its own ruling(s) in Johnson v. Pushpin Holdings & Iqbal- 780 F.3d 728, at 730 “What Johnson adds - what the defendants in this suit have failed to appreciate—is that federal courts retain jurisdiction to award damages for fraud that imposes extrajudicial injury. The Supreme Court drew that very line in Exxon Mobil ... Iqbal alleges that the defendants conducted a racketeering enterprise that predates the state court’s judgments ...but Exxon Mobil shows that the Rooker Feldman doctrine asks what injury the plaintiff asks the federal court to redress, not whether the injury is “intertwined” with something else …Because Iqbal seeks damages for activity that (he alleges) predates the state litigation and caused injury independently of it, the Rooker-Feldman doctrine does not block this suit. It must be reinstated.” So, as I already noted to others, I now have the chance to bring my case to SCOTUS; the ruling by Wood & Posner is flawed on numerous levels,BUT most troubling is the fact that the authors KNOW it's a flawed ruling and choose to ignore the flaws for one simple reason: The courts have decided to agree with former AG Eric Holder that national banks "Are too big to fail" and must win at any cost-even that of due process, case precedent, & the truth....Let's see if SCOTUS wants a bite at the apple.

  4. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  5. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

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