Opinion

Federal Bar Update: Client representative at settlement conferences

September 29, 2010
John Maley
In the Southern District of Indiana, settlement conferences are routinely held in most civil cases before the assigned magistrate judge.
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DTCI: Existing duty is prerequisite of negligence

September 29, 2010
From DTCI
To prevail on a claim of negligence, a plaintiff must show that a duty exists, that the duty was breached, and that damages resulted from that breach. It goes without saying that there can be no negligence or liability where there is no duty.
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Editorial: Maybe there's a reason she doesn't just leave

September 15, 2010
Editorial Indiana Lawyer
Why doesn’t she just leave?
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In-box: IBA's move is a step in the right direction

September 15, 2010
Read a letter to the editor from the Indianapolis Bar Association president about the recently formed PAC for judicial campaign contributions.
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Opinions Sept. 1, 2010

September 1, 2010
Indiana Supreme Court

Suzanne Eads and James Atterhold, Commissioner of the Indiana Department of Insurance v. Community Hospital
No. 45S03-1001-CV-33
Civil. Rules general negligence claims filed with the Indiana Department of Insurance can continue an action already filed in state court relating to medical malpractice issues.
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Editorial: Preservation of judicial impartiality a win

September 1, 2010
Editorial Indiana Lawyer
Here at the newspaper, we don’t like to see anything put the brakes on the sharing of opinions.
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Indiana Judges Association: Plain English? Revisions plain common senseRestricted Content

September 1, 2010
David Dreyer
“The Indiana Model Civil Jury Instructions, written in plain English, are now available. … The new instructions were prepared by the Civil Instructions Committee of the Indiana Judges Association.”
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DTCI: Hands-free cell calls while driving are not safer

September 1, 2010
James Hehner
It is hoped that you had the opportunity to read an article written by my friend, Dave Temple, regarding the dangers of using your cell phone or PDA while driving, which was published in the March 17-30, 2010, edition of the Indiana Lawyer.
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Federal Bar Update: More federal rule changes on horizonRestricted Content

August 18, 2010
John Maley
For 2010, the Supreme Court approved a package of amendments in late April that will amend several appellate rules, bankruptcy rules, criminal rules, civil rules, and an evidence rule.
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Sidebars: Lunch at Pioneer Village most fulfilling, leisurely

August 18, 2010
Jennifer Lukemeyer, Fred Vaiana
Remember folks, the premise behind this article is not merely to make eatery suggestions, it is also to encourage a bit of leisure over the lunch hour with your colleague, mentor/mentee, opposing counsel, or a friend.
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Editorial: Nature of work requires adequate safety plan

August 18, 2010
IL Staff
A few days after then-U.S. District Court Judge David Hamilton ruled in late 2005 in Anthony Hinrichs, et al. v. Brian Bosma, et al., that sectarian prayer could not be used to open legislative sessions, we received a phone call from someone who wanted the judge’s e-mail address and contact information. We declined to give that information.
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Editorial: Remove obstacles that discourage voters

August 4, 2010
Editorial Indiana Lawyer
Casting a ballot in an election ought to be a simple thing for a citizen to do. But there are those who would make it as difficult as possible for some to exercise their franchise.
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Indiana Judges Association: Instructions in plain language a natural next stepRestricted Content

August 4, 2010
John Pera
The Judicial Administration Committee of the Judicial Conference of Indiana began conducting research on jury reform in 1997. At approximately the same time, the Indiana Supreme Court organized citizens, attorneys, and judges to form the Citizens Commission for the Future of Indiana Courts.
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DTCI: Anchors away! Navigate to the DRI annual meeting

August 4, 2010
Thomas Schultz
Have you ever considered what it would be like to stand aboard an aircraft carrier? Have you ever wanted to meet and learn from a Navy Seal who survived on his own behind enemy lines in Afghanistan?
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Editorial: Concerns about budget cuts warranted

July 21, 2010
Editorial Indiana Lawyer
We believe the state of Indiana has hit bone with a budget cut instituted earlier this month.
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Sidebars: Despite detour, lunch did not disappoint

July 21, 2010
Jennifer Lukemeyer, Fred Vaiana
Sometimes you have to go with Plan B when it comes to finding a place to eat.
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Technology Untangled: Multifunction copier lacks key functions

July 21, 2010
Stephen Bour
Bour takes a look at a multifunction copier from Canon that disappointed him.
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Federal Bar Update: Permissible fishing in discovery processRestricted Content

July 7, 2010
John Maley
John Maley writes about how one recent discovery order is interesting and has potential broader significance beyond the dispute between the parties.
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Editorial: Next choice for Indiana Supreme Court must be a woman

July 7, 2010
Editorial Indiana Lawyer
The future is now for the high court.
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Technology Untangled: New conference phone offers unique features

June 23, 2010
Stephen Bour
Stephen Bour purchased a new piece of office technology recently: a high-quality conference phone with impressive features.
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Editorial: New judges add more than needed diversity

June 23, 2010
Rebecca Collier
Those of us on staff here at the newspaper that grew up in Indiana and were of a certain age to pay attention to the news can likely recall when Judge Sarah Evans Barker was confirmed to the U.S. District Court for the Southern District of Indiana.
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Editorial: Don't keep quiet, join a healthy debate

June 9, 2010
Editorial Indiana Lawyer
We know you have opinions – thoughtful, reasonable ones that would make for great discourse in the newspaper. But getting you to share them is more difficult than we would like.
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Indiana Judges Association: Choose between the good and the goodRestricted Content

June 9, 2010
David Dreyer
Judge David J. Dreyer urges the governor to appoint a Notre Dame Law School alum.
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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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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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