Opinion

Column: Does Patchett v. Lee make patchwork of medical specials?

December 30, 2015
The Indiana Court of Appeals recently affirmed a ruling in Patchett v. Lee, 29A04-1501-CT-1 (Ind. Ct. App. Nov. 19, 2015), which held that government reimbursement rates are not an accurate reflection of the value of health care services, and thus are inadmissible as evidence of the reasonable value of medical services in personal-injury cases. The Patchett ruling signified a major shift in Indiana law on the determination of medical specials damages.
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Technology Untangled: New year means time for a new hard drive

December 30, 2015
Stephen Bour
The start of the new year is always a good time to clean up computer files. Hard drive maintenance is often something that goes unattended until it is too late. Today’s article will describe an instance where I took some of my own advice and replaced and upgraded a hard drive before it failed.
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Hammerle On… 'Chi-Raq'

December 30, 2015
Robert Hammerle
Bob Hammerle reviews "Chi-Raq" and also picks his top films of the year.
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Dean's Desk: McKinney students receive honors for pro bono service

December 16, 2015
Andrew Klein
At our most recent Pro Bono and Clinical Program awards event, we celebrated – for the second year in a row – the fact that our graduating class had contributed more than 20,000 hours of pro bono service to the community during their law school careers.
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Start Page: Goal setting and habit development for the new year

December 16, 2015
Seth Wilson
This year, join me in a different approach: setting goals and developing habits. Neither concept is new and both take effort to be effective. Here are some pointers and tech tools you can use to help support achieving your goals and developing good habits in the new year.
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Indiana Judges Association: 7 hopes on a judicial holiday wish list

December 16, 2015
David Dreyer
As we complete a long, complicated year, my great judge journey leads me to a wish list. While wish lists are not uncommon for gift-giving season, or the start of a new year, this one is intended for regular rumination.
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Neutral Corner: Case reaffirms enforceability of settlement agreements

December 16, 2015
John Van Winkle
A recent Indiana Court of Appeals opinion reaffirmed prior Indiana cases holding that settlement agreements, whether reached with or without mediation, are governed by the general principle of contract law and generally not required to be in writing.
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Quick: Time to develop a social media marketing strategy

December 16, 2015
Jon Quick
If I told you there was a way to market your law firm for absolutely no cost and get responses from thousands and thousands of people globally, would you be interested in doing it?
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Schantz: Infringing IP in your home with 3-D printing

December 16, 2015
Adherence to a few principles will avoid many of the intellectual property potholes on the road of 3-D printing.
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Warr: Cybersecurity lessons learned from an ostrich

December 16, 2015
When the topic of cybersecurity arises, many companies react by burying their heads in the sand. However, playing an ostrich when it comes to cybersecurity will not save you.
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Nguyen: Banking on intellecutal property

December 16, 2015
What do startups and high-growth companies have in common? Intellectual property is their most valuable asset, separating one company from the others in a fiercely competitive tech environment.
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Hammerle on ... 'Brooklyn,' 'Creed'

December 16, 2015
Robert Hammerle
Bob Hammerle says Sylvester Stallone is magnificent as an aging man searching for meaning in "Creed."
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Lucas: And the ‘Practicing Law in Indiana’ survey says …

December 2, 2015
Kelly Lucas
Welcome to the Indiana Lawyer’s “survey issue”! I hope that you find the data revealed in the pages of this publication interesting and that it spurs conversation and serves as a catalyst for positive change in the legal community.
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Quality of Life: Make sure to protect yourself from any type of ‘fall’

December 2, 2015
Jonna Kane MacDougall
At some point in life, you may have an experience that helps you to redefine your priorities. I had such an experience about three weeks ago, when I took a tumble, head first, down a long and steep staircase in my home.
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Inside the Criminal Case: Gluten, grandpas and reasonable suspicion to stop a vehicle

December 2, 2015
James Bell, K. Michael Gaerte
“Back in our day,” reasonable suspicion for a traffic stop was based upon objective evidence that the suspect had committed a traffic violation.
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Protecting Your Practice: Avoid problematic fee agreements

December 2, 2015
Neal Bowling, Dina Cox
It is crucial to have a clear, written agreement with your client explaining not just the scope of your services, but how you will be paid for those services. Be careful that you don’t run afoul of your professional obligations in that fee agreement or in your billing.
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Hammerle on ... 'Trumbo,' 'Spotlight'

December 2, 2015
Robert Hammerle
Bob Hammerle says "Trumbo" is a study in American history that should not be forgotten.
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O'Neil: Litigating in a paperless environment

November 18, 2015
If you walked down the hallway of the average law firm in the year 2000, what would you see? Paper, and a lot of it!
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Making Rain: Abiding by rules 7.1 and 7.2 in a #DigitalWorld

November 18, 2015
Dona Stohler
Recently, I had the pleasure of attending an Indiana Lawyer CLE program on how lawyers and law firms should interpret the professional code of conduct regarding digital advertising and communications. My conclusion from the entire discussion is that there are a few things that are clear and there is a lot that is still pretty fuzzy.
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Federal Bar Update: Significant rule changes coming Dec. 1

November 18, 2015
John Maley
Significant changes to the Federal Rules of Civil Procedure take effect to civil cases filed on or after Dec. 1, or to cases already pending to the extent just and practicable. The Supreme Court of the United States approved these changes in April, and Congress has taken no action to stop them becoming effective.
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Marquez: Take simple steps to save your assets

November 18, 2015
We have all been there at some point: having spent an inordinate amount of time getting a document phrased perfectly and in an instant it is all gone.
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Hammerle on ... 'Room,' 'Spectre'

November 18, 2015
Robert Hammerle
Bob Hammerle says "Room" is a movie experience that you cannot help but dread.
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Falcon: Are no-damage-for-delay clauses enforceable?

November 4, 2015
When the enforceability of a no-damage-for-delay clause is litigated in Indiana, practitioners commonly rely on the treatment of certain exceptions in other jurisdictions, while conceding that Indiana’s courts have not definitively weighed in. But is that position entirely accurate?
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Reddick and Law: TIF financing and public-private partnerships on the rise

November 4, 2015
As the state of Indiana continues to search for new and innovative ways to recruit businesses to the area and create more jobs, the use of creative financing incentives such as tax increment financing and public-private partnerships, or P3s, has continued to be essential to development.
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Bell/Whelan: 3 things to know about reporting ethics violations

November 4, 2015
James Bell, Jessica Whelan
If you’re like us, you’re a lawyer who enjoys giving advice to others. As attorneys who represent other attorneys in disciplinary matters, we often receive requests to give ethics advice to lawyers. As luck would have it, we like lawyers and generally enjoy giving advice to lawyers when we can.
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  1. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  2. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  3. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  4. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  5. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

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