Latest News

New vaping bill moves to full Senate

February 22, 2017
Olivia Covington
Less than a month after the 7th Circuit Court of Appeals affirmed a district court decision striking down the most controversial portions of Indiana’s vaping law, a new e-liquids bill designed to fall into compliance with federal regulations is moving through the General Assembly.
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COA: Theories presented to trial court in med-mal cases were presented to review panels

February 22, 2017
Olivia Covington
After finding that evidence of disputed medical malpractice theories in two cases were presented to the medical review panels in each, Indiana Court of Appeals has reversed summary judgment in favor of a health care provider in one case but is allowing the provider in the other to present evidence related to a subsequent malpractice theory against him.
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Valparaiso schools looking at 'Teen Court' discipline effort

February 22, 2017
 Associated Press
A northern Indiana school board is exploring the idea of adding a "Teen Court" for students who get in minor trouble.
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State appeals triple-murder conviction reversal to US Supreme Court

February 22, 2017
IL Staff
A man’s murder convictions vacated in a habeas decision by the en banc 7th Circuit Court of Appeals should be reviewed by the United States Supreme Court, the Indiana Attorney General’s Office says.
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Man ruled competent to stand trial in officer's slaying

February 22, 2017
 Associated Press
A man accused in the fatal shooting of an Indianapolis police officer has been found competent to understand the charges against him.
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Man’s forgery convictions for bogus check affirmed

February 22, 2017
Dave Stafford
A man who tried to pass a bogus check for $2,248.33 at two Marion grocery stores failed to persuade an appellate panel to reverse his convictions because of insufficient evidence. He argued in part his conviction shouldn’t stand because the stores had no video cameras.
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Despite inadmissible testimony, molestation conviction affirmed

February 22, 2017
A trial court erred in allowing evidence of a defendant’s alleged prior bad acts at his child molestation jury trial, but based on other corroborating evidence, the admission was harmless, the Indiana Court of Appeals ruled Wednesday.
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Divided full 7th Circuit allows inmate death case to go to trial

February 22, 2017
Olivia Covington
A woman whose son was found dead in an Indiana Department of Correction facility can now take her case to trial after a divided en banc 7th Circuit Court of Appeals reversed summary judgment in favor of the health care providers who treated her chronically ill son.
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Defendant’s testimony makes admission error harmless

February 22, 2017
Marilyn Odendahl
Although unauthenticated videos and photos showing a defendant appearing to make methamphetamine should not have been admitted at trial under the silent-witness theory, the Indiana Court of Appeals found the error was harmless because of the defendant’s own testimony.
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Robing ceremony planned for former senator elected to St. Joseph bench

February 22, 2017
IL Staff
A former Indiana senator who was recently elected to St. Joseph Circuit Court will be honored this week.
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Forums scheduled to discuss race and gender

February 22, 2017
IL Staff
The Indiana Supreme Court’s Race & Gender Fairness Commission is inviting the public to participate in a series of discussions about the status of race and gender in the judicial system.
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Task force recommends changes to Indiana Bar Exam and grading system

February 22, 2017
Marilyn Odendahl
After more than a year of study, a task force convened by the bar associations in Indianapolis has concluded part of the Indiana Bar Exam tests on “fake laws” and the revised grading system may be forcing the Board of Law Examiners to fail more students.
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For some firms, splitting office space and expenses is best practice

February 22, 2017
Dave Stafford
For many firms, splitting office space and sharing resources is a strategy that makes good business sense. But such arrangements aren’t without challenges.
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Merit selection for Marion County a path back to court?

February 22, 2017
Dave Stafford
As the General Assembly weighs a new means of choosing Marion County judges, critics of the proposed merit-selection system say its enactment will almost guarantee another court fight.
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No slowdown in expungements

February 22, 2017
Marilyn Odendahl
The number of petitions filed around the state remains high, but clerks and attorneys say they have adjusted to the workload.
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Legal aid agencies jointly seek $210,000 expungement grant

February 22, 2017
Marilyn Odendahl
In what is believed to be a first, Indiana Legal Services Inc., Indianapolis Legal Aid Society and the Neighborhood Christian Legal Clinic are hoping to collaborate on a single project that they say will help people overcome hurdles to employment and give communities an economic boost.
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ABA watches law schools’ attrition, bar pass rates

February 22, 2017
Marilyn Odendahl
At the mid-year meeting of the American Bar Association held in early February, legal education was in the spotlight or, some might say, the hot seat.
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Hispanic lawyers’ past experiences draw them to immigration law

February 22, 2017
Olivia Covington
Representing individual immigration litigants makes sense for many Hispanic attorneys because they have seen members of their own families move through the process of becoming either a legal citizen or lawful permanent resident of the United States.
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Lawmakers consider attorney anti-indemnification bill

February 22, 2017
Olivia Covington
A bill designed to prohibit attorneys from indemnifying themselves from legal malpractice claims is up for consideration by the Indiana House of Representatives, but some malpractice attorneys say the measure may not be necessary in light of existing rules of conduct.
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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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Supreme Court to hear HHGregg, managers’ incentive fight

February 22, 2017
Dave Stafford
The Indiana Supreme Court will hear a case Feb. 23 in which a trial court and the Indiana Court of Appeals reached opposite conclusions about whether key HHGregg managers were entitled to incentive bonuses triggered by the company’s receipt of $40 million from an executive’s life insurance proceeds.
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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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  1. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  2. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  3. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

  4. "The commission will review applications and interview qualified candidates in March and April." Riiiiiight. Would that be the same vaulted process that brought us this result done by "qualified candidates"? http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774 Perhaps a lottery system more like the draft would be better? And let us not limit it to Indiana attorneys so as to give the untainted a fighting chance?

  5. Steal a little, and they put you in jail. Steal a lot, and they make you king. Bob Dylan ala Samuel Johnson. I had a very similar experience trying to hold due process trampling bureaucrats responsible under the law. Consider this quote and commentary:"'When the president does it, that means it is not illegal,' [Richard] Nixon told his interviewer. Those words were largely seen by the American public -- which continued to hold the ex-president in low esteem -- as a symbol of his unbowed arrogance. Most citizens still wanted to believe that no American citizen, not even the president, is above the law." BWHaahaaahaaa!!!! http://www.philly.com/philly/blogs/attytood/When-the-president-does-it-that-means-it-is-not-illegal.html

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