Opinion

Adolay: The consequences of improper employee classification

March 22, 2017
A dangerous yet continued way of thinking by some companies is that the company can enter into a contract with an individual and call it an independent contractor agreement, agree on how that agreement will be structured, and be protected from liability normally attributed to an employer. This misconception carries a potential for significant damages for the company and its decision-makers.
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Walker: EEOC investigative subpoena power to be tested

March 22, 2017
The Supreme Court of the United States is specifically addressing how appellate courts should review district courts’ decisions to quash or enforce an EEOC subpoena.
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Plugged In: 5 features to help you Excel

March 22, 2017
Deanna Marquez
When thinking of Excel, many think of numbers and formulas and begin to have nightmares about high school math. However, this program can be used for so much more than number crunching and complex data models.
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Federal Bar Update: Motions to reconsider; 7th Circuit conference in Indy

March 22, 2017
John Maley
Judge Robert L. Miller recently addressed a motion to reconsider a ruling denying in part a defense motion for summary judgment; the opinion provides good guidance on whether and when such motions are appropriate.
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Dunn: Indiana law, precedent lead to $2.6M settlement for sales rep

March 22, 2017
This article summarizes how a terminated commissioned sales representative achieved a settlement of over $2.6 million from an Indiana company.
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DTCI: Counsel, can you spare the time?

March 22, 2017
A famous saying which came to exemplify the Great Depression was, “Brother, can you spare a dime?” My question posed to Hoosier attorneys is, “Counsel, can you spare some time?”
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Hammerle on ... 'Logan,' 'Kong: Skull Island'

March 22, 2017
Robert Hammerle
Bob Hammerle says "Logan" may end up being one of the better movies this year.
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Waterhouse: Lessons from Flint: law, economics, equity and the environment

March 8, 2017
Behind the very technical laws we have in our state and across the country, there are broader goals and ends. When we lose sight of these, laws, like other tools, can become destructive forces that strip people of their dignity, well-being and their lives.
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Sugarman/Tuley: Hazardous waste rule changes may impact Indiana businesses

March 8, 2017
In November 2016, the Indiana Department of Environmental Management incorporated the EPA’s alterations to its Definition of Solid Waste (or DSW) Rule into the Indiana Administrative Code.
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Technology Untangled: Sideline app adds second line to your smartphone

March 8, 2017
Stephen Bour
I recently ran across an advertisement for an app that allows you to add a separate phone line to your existing smartphone. This idea seemed practical, especially in this age where virtually everyone carries a personal smartphone at all times.
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In memory of Indiana Justice Roger Owen DeBruler

March 8, 2017
Following are excerpts from a eulogy delivered by retired Indiana Supreme Court Justice Frank Sullivan Jr. at the funeral of the late Indiana Justice Roger DeBruler.
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Hewedak: Clashes between immigration law and family law

March 8, 2017
As a Marion County public defender, I have come across cases involving foreign nationals who were deported and therefore unable to be available to care for their U.S.-born children in children in need of services and termination of parental rights cases.
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Baker: What does treatment look like for lawyers, judges in need?

March 8, 2017
The careers and lives of judges, lawyers and law students can be jeopardized by mental health issues, chemical dependency and other debilitating conditions. These threats to legal professionals’ well-being come in many different forms. Fortunately, so do treatment options.
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Hammerle on... 'A United Kingdom,' 'Get Out'

March 8, 2017
Robert Hammerle
Bob Hammerle says "Get Out" is a great horror movie.
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Reuhs: Insurance coverage for the internet of things

February 22, 2017
The “internet of things” appears to represent the next wave of new liabilities: cars being remotely controlled by hackers or medical devices being used as access points for theft of medical records.
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WKW: Automobile insurance coverage without entering your car

February 22, 2017
One of the lesser known benefits of uninsured and underinsured motorist coverage is that it does not require insureds to be inside an automobile. This is because most policies frame the coverage as applying when the insured is legally entitled to recover from an uninsured or underinsured motorist because of an accident, but they do not specify where the insured has to be when the accident occurs.
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Eye on the Profession: Dr. King’s timeless words from 50 years ago still ring true

February 22, 2017
John Trimble
Is our legal profession confronted with “fierce urgency?” I submit that we are.
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Neutral Corner: Experts advise to ‘think slow’ when handling mediations

February 22, 2017
John Van Winkle
The tendency for decision-makers to respond first with an intuitive (and often wrong) response has significant implications for both mediators and advocates.
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DTCI: I’m prepared for life’s emergencies, but are you?

February 22, 2017
Jason Massaro
This article raises some simple questions about the way we function in our day-to-day lives and honestly assesses how “prepared” we really are.
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Start Page: Microsoft Word for the legal profession: reformat documents

February 22, 2017
Seth Wilson
For 2017, the Start Page column will focus on Microsoft Word. Each article will help build skills you can use each day in your practice to be more efficient and effective for your clients.
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Hammerle’s 2016 Oscar predictions

February 22, 2017
Robert Hammerle
Once again, the Oscars are upon us, and it’s time that I stare into my admitted fuzzy crystal ball. I wouldn’t go to Vegas and bet on my predictions, but I’m not afraid to be wrong.
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Borissov: Broadband access in rural areas and mandatory e-filing

February 8, 2017
Would I welcome mandatory e-filing with such open arms if I practiced in a small town or rural area in Indiana, as many of our distinguished colleagues do, where access to broadband is limited?
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Indiana Judges Association: Presidential inaugurations show judicial power

February 8, 2017
David Dreyer
United States Chef Justice John Roberts administered the oath of office for President Donald Trump on Jan. 20. There is no law or provision indicating who shall give the presidential oath.
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BGBC: A closer look at the GOP proposal for corporate tax reform

February 8, 2017
The Republican blueprint believes that the current corporate tax structure encourages businesses to move money overseas.
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Hammerle on ... '20th Century Women,' Tribute to Mary Tyler Moore, John Hurt and Barbara Hale

February 8, 2017
Robert Hammerle
Bob Hammerle wanted "20th Century Women" to be a better movie than it was.
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  1. He TIL team,please zap this comment too since it was merely marking a scammer and not reflecting on the story. Thanks, happy Monday, keep up the fine work.

  2. You just need my social security number sent to your Gmail account to process then loan, right? Beware scammers indeed.

  3. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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