Litigation
Social media sleuths find evidence, but admissibility requires authentication
May 8, 2013
Dave StaffordWhat happens on Facebook stays on Facebook – forever – and attorneys conceivably run into risk if they fail to
investigate pertinent posts, a judge suggested during a presentation about social media evidence.
MoreTaking them at their word
May 8, 2013
Marilyn OdendahlThe work of interpreters is exhausting, but vital to protecting individual rights.
MoreMaley: Updated series is valuable for practitioners
February 27, 2013
John MaleyAs the practice has moved from law-firm libraries to online research on laptops and iPads, there remains a place for comprehensive,
in-depth and practical treatises and practice guides. Since 1998, Westlaw’s Business and Commercial Litigation in
Federal Courts has been just such a valuable resource.
MoreBadger: Using arbitration clauses to reduce potential liability risk
January 16, 2013
Steven BadgerIn the first part of this column, I outlined the advantages and disadvantages of arbitration as an alternative to litigation
in court and concluded that neither arbitration nor litigation is preferable in all situations. This second part provides
more specific suggestions on when to use arbitration in certain high-risk, “bet-the-company” situations.
MoreBadger: To arbitrate or litigate, that is the question
January 2, 2013
Steven BadgerIn my world of dispute resolution, one of the most basic questions is whether a particular business dispute should be resolved
in arbitration or in a court of law. Like many of the questions I am frequently asked by clients, there is no simple answer
that fits all occasions and situations.
MoreAttorneys discover predictive coding
October 10, 2012
Marilyn OdendahlIn the world of searching for relevant documents in the recesses of email inboxes and hard drives, a new high-tech tool has
appeared that, despite causing trepidation among some attorneys, will likely become commonly used during the discovery process
to tame the growing volumes of data.
MoreNordstrom: Book offers little insight for experienced trial attorneys
October 10, 2012
Rodney NordstromRodney Nordstrom reviews "Winning the Jury's Attention: Presenting Evidence from Voir Dire to Closing."
MoreBook Review: 'Performance on Trial: The Case for Better Entertainment'
July 18, 2012
Rodney NordstromLitigation consultant Rodney Nordstrom reviews the book: 'Performance on Trial: The Case for Better Entertainment; by
Joseph Curcillo III.
MoreSettlement documentaries can be persuasive tool
July 18, 2012
Dave StaffordCarolyn Dudley’s husband, Indiana State Trooper Gary Dudley, was killed six years ago when he was struck by a freight
truck during a charity bike ride in Vermillion County. A short video about his life, and the event that caused his death,
was critical to winning a settlement in a wrongful death case against the trucking company.
MoreJudges find mortgage company not culpably negligent
May 24, 2012
Jennifer NelsonIn a dispute over which mortgage has priority in a foreclosure action, the Indiana Court of Appeals affirmed summary judgment
for the senior mortgage holder. The judges found the doctrine of equitable subrogation applies.
MoreColumn: Practical and legal differences of class and mass actions
May 23, 2012
Scott Starr and Mario Massillamany write about what to consider when decided whether to file a class- or mass-action case.
MoreA 21st century expression of the law
May 23, 2012
Dave StaffordThe 'emoticon defense' raises brows, but it puts a focus on speech rights and school threats.
MoreDressing defendants
May 23, 2012
Jenny MontgomeryAttorneys say image and attire may influence jurors.
MorePlaintiffs fail to prove claim that Zimmer misrepresented information
May 21, 2012
Jenny MontgomeryTwo pension funds that own shares of Zimmer Holdings Inc. were unable to prove that Zimmer defrauded its investors by suppressing
information, the 7th Circuit Court of Appeals ruled.
MoreJustices to decide case questioning health care costs charged to uninsured patients
May 7, 2012
IL StaffIndiana’s high court will hear arguments Thursday in Allen v. Clarian Health Partners, Inc., 955 N.E.2d 804
(Ind. Ct. App. 2011), vacated.
MoreCourt properly preserved home habitability claim
February 27, 2012
Michael HoskinsThe Indiana Court of Appeals has found that a Clark County case can continue involving claims against a home construction
company. The former homeowners allege that the company defectively built their home and that mold and water damage occurred,
leading to loss of habitability.
MoreLitigation training in short supply
February 1, 2012
Michael HoskinsFewer jury trials leave young lawyers looking for experience outside of court.
MoreExpert's voice carries weight
February 1, 2012
Michael HoskinsIndiana Court of Appeals finds single expert can establish standard of care for legal malpractice.
MoreJudge rules on summary judgment motions in IBM case
January 26, 2012
Jennifer NelsonThe State of Indiana may be on the hook to pay IBM $40 million in subcontractor assignment fees per the contract it had with
IBM to update the state’s welfare system, a contract the state cancelled in October 2009 because it wasn’t happy
with results.
More7th Circuit cautions against 'ostrich-like' advocacy
November 23, 2011
Michael HoskinsWarning appellate lawyers not to ignore precedent, a 7th Circuit Court of Appeals decision today issues a short but clear
message to not use “ostrich-like” tactics when briefing and arguing cases.
More7th Circuit decides MDL appeal question
November 18, 2011
Michael HoskinsThe 7th Circuit Court of Appeal wants each federal judge handling multi-district litigation to have the flexibility to choose between sending parts of unresolved cases back to the original courts or keep those in one jurisdiction, once a final district-level decision has been made and the time for appeal arrives.
Supreme Court to hear Affordable Care Act challenges
November 14, 2011
Michael HoskinsIn what’s expected to be a historic constitutional test over how much power the federal government has to require individual
mandates for states, the Supreme Court of the United States will consider the constitutionality of the Affordable Care Act
passed in 2010.
MoreIndiana State Fair tragedy renews cap debate
October 12, 2011
Michael HoskinsIndiana attorneys and legislators are embarking on a broader discussion about the state’s current tort claim cap and
whether that decades-old limit is adequate to address the scope of this situation.
MoreMobile devices lighten loads, boost productivity for attorneys
September 28, 2011
Jenny MontgomeryNew Albany attorney Derrick Wilson is frequently in the courtroom, and when he needs to check on a fact quickly, he turns
to his trusty smartphone.
More'Shadow' jurors outside the box
September 28, 2011
Michael HoskinsThe litigation technique is rare in Indiana.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.