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COA affirms dismissal of will contest

December 3, 2015
Jennifer Nelson
The Indiana Court of Appeals upheld the dismissal of a man’s will contest action involving his siblings, but for a different reason than the trial court.
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Oscar Pistorius conviction: Explaining the law behind it

December 3, 2015
 Associated Press
The heart of the murder case against Oscar Pistorius has relied on a section of South African criminal law known by the Latin term of dolus eventualis. The Supreme Court of Appeal decided Thursday that a lower court's reading of that was faulty and overturned its manslaughter conviction against the athlete, convicting him of murder.
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Judge recuses self in suspected Indiana serial killings case

December 3, 2015
 Associated Press
A man charged with strangling two women and suspected in the deaths of five other women whose bodies were found in abandoned homes in Gary is getting a new judge.
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Target settles with banks over 2013 breach for $39M

December 3, 2015
 Bloomberg News
Target Corp. will pay about $39 million to banks and credit unions to resolve losses from a 2013 holiday- season data breach, as retailers and financial institutions continue to grapple with the costs of major hacker attacks.
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Forget the lawyers: Here’s what will decide the Volkswagen suits

December 3, 2015
 Bloomberg News
Since the day it came out that Volkswagen AG cheated diesel-emissions tests, U.S. consumers have been suing and lawyers have been wrangling over where the cases will be heard. But for the cars’ owners and Volkswagen, that fight – the centerpiece of a hearing Thursday in New Orleans –doesn’t matter so much because the legal case is actually quite simple.
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‘Elkhart Four’ ruling stands

December 2, 2015
Marilyn Odendahl
The Indiana Supreme Court has denied the state’s petition for a rehearing in the "Elkhart Four" felony murder case.
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Insurance agents denied summary judgment in lawsuit filed after fire

December 2, 2015
Jennifer Nelson
A man’s lawsuit will continue against an insurance agent and his agency after they insured his rental property but then denied coverage after a fire, alleging the man misrepresented the property’s condition.
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Judge wants harsher sentence for attack on ex-fiancee

December 2, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed there were no double jeopardy violations following a man’s open plea agreement to strangling, confining and battering his ex-fiancee, but one judge believed the man deserved more time in the Department of Correction based on the seriousness of the incident.
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150 businesses in group pushing for Indiana LGBT protections

December 2, 2015
 Associated Press
A large coalition of Indiana businesses is calling on Republican Gov. Mike Pence and the GOP-controlled Legislature to put LGBT civil rights protections into state law.
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Judge grants preliminary injunction banning Nativity scene

December 2, 2015
 Associated Press
A federal judge has granted a preliminary injunction banning a northern Indiana school district from including a live Nativity scene as part of its annual Christmas show.
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Monarch keeps up fight to overturn state alcohol sales law

December 2, 2015
 Associated Press
The largest beer and wine wholesaler in Indiana is asking a state appeals court to find a law unconstitutional that prohibits beer wholesalers from seeking a permit to also distribute liquor.
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Downtown condo association again files suit for building damage

December 2, 2015
Scott Olson, IBJ Staff
The homeowners association for a downtown Indianapolis condominium complex again is suing the owner and builder after a new round of problems caused about $6 million in damage to the structure.
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Rep. Susan Brooks helps put spotlight on civil legal aid

December 2, 2015
Marilyn Odendahl
Civil legal aid providers got a boost Tuesday with the announcement of the formation of a Civil Legal Services Caucus in the U.S. Congress.
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Postal service warns newspaper about pot ads

December 2, 2015
 Associated Press
While Oregon voters legalized medical marijuana in 1998 and recreational marijuana for adult use in 2014, the plant is still illegal at the federal level. Any newspaper with pot ads would violate a federal law preventing advertising for illicit goods, the postal service said.
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Prosecutor seeks to dismiss charge against abortion doctor

December 2, 2015
 Associated Press

The St. Joseph County Prosecutor's Office said Tuesday the doctor fulfilled terms of a pretrial diversion program he entered after being charged last year with failing to report an abortion performed at the Women's Pavilion on a 13-year-old in 2013.

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Henderson: Survey reveals signs of fundamental change in the legal profession

December 2, 2015
Marilyn Odendahl
The traditional career path for Indiana attorneys – graduate from law school, become an associate in a law firm, work long hours and eventually become a partner – appears to be broken, or at least cracked.
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Survey: Attorney social media use largely governed by personal responsibility

December 2, 2015
Dave Stafford
By a more than 2-to-1 margin, attorneys who responded to the IL survey said their organization encourages them to promote themselves and their firm or organization, compared to those who said their organization discourages social media.
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Survey finds widespread professional satisfaction, little encouragement to pursue career in law

December 2, 2015
Dave Stafford
Life’s not bad being a lawyer. Work is satisfying, there’s time for life outside work, and the pay is good. But I wouldn’t recommend it. Those contradictions in lawyers’ prevailing attitudes were revealed in Indiana Lawyer's Practicing Law in Indiana survey.
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Survey: Succession planning a top concern for organizations

December 2, 2015
Marilyn Odendahl
Thirty-eighty percent of the respondents to the Indiana Lawyer’s 2015 Practicing Law in Indiana survey listed transition or succession planning as the greatest challenge to their organization’s viability. Only the issue of managing costs while protecting quality of service topped this concern, which 42 percent found to be the greatest challenge.
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Survey results reveal range in hours of pro bono work performed annually

December 2, 2015
Marilyn Odendahl
The pro bono community still believes having attorneys donate their time and professional skills remains a viable method for providing services to low-income individuals and families. But Indiana attorneys overwhelmingly indicate they neither want to be told to volunteer nor be obligated to report their volunteer hours.
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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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New DTCI president to continue diversity push

December 2, 2015
Marilyn Odendahl
James Hehner brings 30-plus years of professional experience to the leadership post for the Defense Trial Counsel of Indiana.
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2015 DTCI amicus report

December 2, 2015
From DTCI
In 2015, the Defense Trial Counsel of Indiana’s Amicus Committee participated in a number of interesting appeals, two of which are set for oral argument in the near future. The cases DTCI became involved in this year, as in past years, pertain to a variety of issues which are of significant interest to the defense bar.
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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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