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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  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

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  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

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