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Justices: Child support agreement must apply changing guidelines

September 26, 2013
Dave Stafford
A father whose annual income included varying bonuses and commissions is obligated to provide child support payments in line with evolving guidelines, despite a support agreement made a year earlier than the rules were revised, the Indiana Supreme Court ruled.
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Supreme Court creates civil legal services commission

September 25, 2013
Dave Stafford
Providing access to civil legal services for low-income Hoosiers will be the focus of a commission established by order of the Indiana Supreme Court.
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IndyBar celebrates Judge Zore, remembers Joe Russell

September 25, 2013
Dave Stafford
A veteran Marion Superior trial court judge and a longtime attorney whose death this year saddened the Indianapolis legal community were honored Wednesday by the Indianapolis Bar Association.
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Attorney who staged own shooting pleads to misdemeanor

September 25, 2013
Dave Stafford
A southern Indiana lawyer who rigged a shotgun at a state park that he used to shoot himself in the back has pleaded guilty to a misdemeanor and will receive a suspended sentence while avoiding a felony conviction.
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Parental termination remanded over substitute magistrate’s findings

September 25, 2013
Dave Stafford
A father’s due process rights were violated when a juvenile court stripped him of parental rights based on findings of facts prepared by a magistrate who did not hear from and observe witnesses, the Indiana Court of Appeals ruled Wednesday. The magistrate took over the case after another magistrate, who had conducted the evidentiary hearing in his case, resigned.
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Jury rulings stand in U.S. Steel carbon monoxide poisoning case

September 25, 2013
Dave Stafford
A jury’s determinations in a case brought by a contractor who suffered severe carbon monoxide poisoning working at the U.S. Steel plant in Gary were affirmed Wednesday by the Indiana Court of Appeals.
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COA affirms ruling clearing consulting doctor in death case claiming negligence

September 25, 2013
Dave Stafford
A trial court properly granted summary judgment to a doctor defending a negligence case brought by the estate of a man who died, the Indiana Court of Appeals ruled Wednesday, finding no doctor-patient relationship existed.
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Brewington case focuses First Amendment attention on Indiana

September 25, 2013
Dave Stafford
Daniel Brewington is either a poster child for the wrongful prosecution of free speech or a man whose online rants about a judge constituted criminal threats. It all depends on your point of view.
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Volokh: Case will have ramifications beyond Indiana

September 25, 2013
Dave Stafford
First Amendment scholar and UCLA law professor Eugene Volokh knows a thing or two about blogging and free speech, as namesake of the popular legal blog, The Volokh Conspiracy.
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Battle over RTW heats up in courts

September 25, 2013
Marilyn Odendahl
When Lake Superior Court Judge John Sedia handed Indiana’s right-to-work law a pink slip, conventional wisdom held that the Indiana Supreme Court would overturn that decision and put the law back to work.
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Keeping connections: 'The family that plays together, stays together'

September 25, 2013
Abigail Johnson Donohoo
It’s one thing to talk about work-life balance; it’s another thing to actually find ways to achieve it. Keeping personal lives rich and maintaining connections with family and friends can be challenging, but those who’ve employed creative means to do so say it eases pressures often felt in a time-consuming profession like the practice of law.
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Are law offices gender neutral?

September 25, 2013
Holly Wheeler
Equal work deserves equal pay. That was the mantra of those lobbying for the Equal Pay Act in 1963. President John F. Kennedy signed the bill into law, giving everyone, regardless of race or sex, the right to be paid equally for the same job.
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Gun seizure case presents first impression issue

September 25, 2013
Dave Stafford
A man whose 51 guns were ordered seized by a judge who determined him dangerous after his behavior alarmed Bloomington police near the site where missing Indiana University student Lauren Spierer was last seen is asking the Indiana Supreme Court to return his firearms.
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Indiana Judges Association: Are changes needed to ‘change of judge’ rule?

September 25, 2013
David Dreyer
Marion Superior Judge David Dreyer discusses the "Change of Judge" rule in this issue of Indiana Lawyer.
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Indiana Tech dedicates law school, answers critics

September 25, 2013
Marilyn Odendahl
Amid much pomp and circumstance, Indiana Technical Institute welcomed its new law school by reiterating its vision of legal education, praising its students and faculty, and pushing back against critics.
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Mediating Justices: Former justices find that ADR is often a fertile field for life after the court

September 25, 2013
Dave Stafford
After years deciding disputes in the state’s highest court, two former justices now devote at least part of their practices to helping feuding parties find their own resolutions.

Former Indiana Supreme Court Justices Ted Boehm and Myra Selby each count corporate clients in their mediation and alternative dispute resolution portfolios, Boehm with Van Winkle Baten Dispute Resolution and Selby with Ice Miller LLP.
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Special task force going word-by-word through ADR rules

September 25, 2013
Although the privacy of mediation has been affirmed by the Indiana Supreme Court, the possibility that confidential conversations could become public highlighted the need to clarify and possibly change the state’s rules for alternative dispute resolution.
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Arbitrator's unavailability will not stop arbitration from starting

September 25, 2013
Marilyn Odendahl
The Indiana Court of Appeals has found an arbitration agreement’s “plain language” trumps a woman’s attempt to stop the alternative dispute resolution process.
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Hammerle on ... 'The Family' and 'Short Term 12'

September 25, 2013
Read attorney Bob Hammerle's reviews of the movies "The Family" and "Short Term 12."
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DTCI: Determining personal jurisdiction in the Twitterverse

September 25, 2013
John Twohy
What are, or should be, the contours of personal jurisdiction over foreign defendants who are alleged to have defamed forum residents using social media? The answer will vary depending on the social media platform at issue and the details of the communication at issue.
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Bell & Gaerte: 3 things to know about legal advertising

September 25, 2013
James Bell, K. Michael Gaerte
The Indiana Rules of Professional Conduct define the term “advertising” broadly. Ind. Professional Conduct Rule 7.2(a) defines “advertising” as “any manner of communication partly or entirely intended or expected to promote the purchase or use of professional services.” (Emphasis added) Therefore, these rules cover communications on your website, blog and even social media. Regardless of whether or not you advertise on billboards, you likely need to pay attention to the advertising rules. Here are three things to know about legal advertising.
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Quality of Life: Sometimes a small change is all you really need

September 25, 2013
Jonna Kane MacDougall
Did you ever notice the amazing difference that a fresh coat of paint can make for your house, or a single room, or even an aging piece of furniture? A fresh coat of paint can rejuvenate your surroundings and make them seem brand new.
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Dean's Desk: Blend of theory and practice will make Tech Law unique

September 25, 2013
Peter Alexander

In August of this year, Indiana Tech Law School opened its doors in Fort Wayne with a commitment to changing the way legal education prepares students. Despite the national news reporting that there are too many law schools and not enough jobs and the Internet blogs criticizing all new start-ups as a waste of a student’s money, Indiana Tech Law School was established, in part, to respond to the criticism that law schools are not adequately training students to become effective legal professionals.

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Sidebars: Bakery & café makes Shelbyville court date a bit sweeter

September 25, 2013
Jennifer Lukemeyer, Fred Vaiana
Sidebars reviews and rates eateries lawyers may enjoy visiting when working at courthouses throughout Indiana. Fred offers this weeks review of Linnes Bakery & Cafe.
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Indiana psychologists question qualifications for insanity evaluations

September 24, 2013
Marilyn Odendahl
The Indiana Psychological Association tried to convince members of the Indiana General Assembly to make a key change to state law governing insanity evaluations Sept. 24, but legislators seemed skeptical of the need for a revision.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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