Opinion

DTCI: The broad scope of MDA preemption

June 9, 2010
John Twohy
In a series of decisions culminating in Riegel v. Medtronic, Inc.,  federal courts came to recognize that the Medial Device Amendments preempted not only traditional products liability claims such as those based on an alleged defect or implied warranty but also causes of action premised on theories such as consumer fraud.
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Editorial: Hunt for victims' rights

May 26, 2010
Editorial Indiana Lawyer

Here at the newspaper, we’re big fans of the First Amendment to the United States Constitution. But we understand the need for and exuberance some individuals feel for the Second Amendment: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

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Letter to the editor: Distracted driving results in tragedy

April 28, 2010
The other day as I was reading through the March 17-30, 2010 issue of Indiana Lawyer, my attention was called to David Temple's article "Be smart: Don't use cell phone while driving!"
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Letter to editor: Articles attack integrity

April 28, 2010
You can imagine my surprise upon reading articles in the Indiana Lawyer, The Indianapolis Star, and the Indianapolis Business Journal falsely impugning my integrity and the integrity of our law firm.
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Editorial: Political pomposity a disservice to public

April 28, 2010
Editorial Indiana Lawyer
Dawn Johnsen deserved the nomination, and definitely was the right woman for the job, but unfortunately partisan vitriol appears to be worth more in Washington, D.C., than doing the right thing.
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Technology Untangled: Windows 7 provides compatibility with XP

April 28, 2010
Stephen Bour
One of the problems with upgrading to a new computer every few years is that you often must upgrade to a new version of Windows. This time around, it's Windows 7.
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Opinion: One inattentive moment is all it takes

April 28, 2010
Lee Christie
In the March 17-30, 2010, issue of Indiana Lawyer, my colleague David A. Temple authored an informative article on cellular phone use while driving. In closing his article, he posed the question, "[w]ho will care for, raise and play with your family when you are disabled or dead?"
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Opinion: Stay focused on the road, not the phone

April 28, 2010
Ryan Klitzsch
We've all been there. Driving the same route day-in and day-out, a hundred times before, with little to differentiate one trip from another. Then there's that one moment when something unforeseen occurs requiring you to instantly maneuver your vehicle and test how good your reflexes and anti-lock brakes really are - making this all-too-routine trip very different from the rest.
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DTCI: EPA addresses lead paint renovation issues

April 14, 2010
Jason Massaro
After April 22, 2010, an act mandates that no person or company may perform, offer, or claim to perform renovations without first being certified by the Environmental Protection Agency where such renovations occur in structures that were, inter alia, constructed before 1978 and visited regularly or occupied by a child under the age of 6 or by a pregnant woman in which such structures are shown to have a high enough level of lead-based paint after testing.
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Editorial: We the People team's civics study heartens many

April 14, 2010
Editorial Indiana Lawyer
Like it or not, we live in a time where, for some people at least, it's become acceptable to speak about "reloading" when doing battle against political opponents and to mark their political districts with gun sites, and where members of a Midwestern church believe it's their duty to travel the nation and spew hate-laced messages in places where people are mourning tragedy.
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Editorial: Lawmakers don't inspire confidence

March 17, 2010
Editorial Indiana Lawyer
Indiana Supreme Court Justice Frank Sullivan certainly spoke for us when he asked this question a couple of weeks ago: "Wouldn't we feel better about all of this if it hadn't been enacted on partyline votes, though?"
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Sidebars: Get down to business at Palomino

March 17, 2010
Jennifer Lukemeyer, Fred Vaiana
Now it's time to get serious. During the past couple of years writing this column Jenny and I have had a great deal of fun. If you readers enjoy our contribution to the Indiana Lawyer only half as much as we do then this article serves its intended purpose - a break from the hard-nosed realities of practicing law.
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Editorial: Losing sight of the goal

March 3, 2010
Editorial Indiana Lawyer
Feb. 25 was certainly an ugly day.
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Indiana Judges Association: Legislative gridlock? Let the judges handle itRestricted Content

March 3, 2010
David J.
Now that Sen. Evan Bayh has apparently adopted the "Bill Polian" approach to political football (rest now for a later challenge), the term "gridlock" is becoming more common than "gridiron."
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Editorial: Deadbeat bill a good idea

February 17, 2010
Editorial Indiana Lawyer
At first glance, the legislation seems like the sort that no one could possibly have an objection to.
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Editorial: SCOTUS order in Proposition 8 trial chillsRestricted Content

January 20, 2010
Editorial Indiana Lawyer
It sounded too good be true, so we weren't surprised when we found out it was not to be.
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Boodt: U.S. Supreme Court journey offers many lessonsRestricted Content

January 6, 2010
David Boodt
Last spring, after the 9th Circuit Court of Appeals denied USA Funds' petition for rehearing en banc in an important student loan bankruptcy case, my colleagues Joni Anderson and Julie Ragsdale recommended that USA Funds file a petition for certiorari with the Supreme Court of the United States.
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Editorial: Quit stalling nominations

January 6, 2010
Editorial Indiana Lawyer
After languishing in the U.S. Senate for about 10 months, the nomination of Dawn Johnsen to lead the Office of Legal Counsel finally got some action.
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Editorial: State should avoid selection slugfests

July 23, 2008
Editorial Indiana Lawyer
We'd like to see the average voter know more about our appellate courts.
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  1. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

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