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Attorneys en garde!

October 7, 2015
Dave Stafford
Lawyers who’ve taken a stab at fencing say there’s no other sport quite like it. More to the point, they say competing with the blade sharpens their legal acumen and attacks the stresses of the profession.
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The waiting game delays medical malpractice claims going to court

October 7, 2015
Dave Stafford
Lawmakers recently received conflicting diagnoses for review panels that evaluate medical malpractice claims. Some see them as broken, while others say they represent an ideal system that just needs some TLC.
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Indiana Bar Foundation celebrates 65th anniversary

October 7, 2015
Marilyn Odendahl
The Indiana Bar Foundation, started in 1950, has grown over the years but its mission has always been the same – promoting civic education and improving access to justice.
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Journalist Bob Woodward finds new piece to Nixon puzzle

October 7, 2015
Marilyn Odendahl
Journalist Bob Woodward's new book, history, and the lessons of leadership will all be part of Woodward’s talk when he comes to Indianapolis Nov. 6. Woodward is the keynote speaker at the Indiana Bar Foundation’s 65th anniversary benefit dinner.
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Justices: Survivors cannot recover attorney fees

October 7, 2015
Marilyn Odendahl
The ambiguous phrase, “including but not limited to” in the state’s wrongful death statutes has again caught the attention of the Indiana Supreme Court, but this time the justices cautioned against broad interpretation.
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Dean's Desk: Surveys give insight on graduates’ careers

October 7, 2015
Nell Jessup Netwon
Lately I have been spending some fruitful hours reviewing a treasure trove of data collected by a 12-year-long longitudinal study of law graduates who passed the bar in the year 2000. The survey results are available in a publication called “After the JD.” I commend it to your attention.
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Insurance policy v. public policy

October 7, 2015
Dave Stafford
A starkly divided Indiana Court of Appeals opinion over whether insurance should be in play after a bicyclist was killed by an unauthorized motorist may be appealed to the Indiana Supreme Court.
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Method to the mediation

October 7, 2015
Dave Stafford
When "reason leaves the room," an analytical approach can lead a path to dispute resolution.
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Terzo: Arbitration is viable alternative in family law disputes

October 7, 2015
It wasn’t until the 1990s that arbitration began to be seriously considered for family law cases. At that time there was no statute specifically directed to family law arbitration, and Indiana had no caselaw regarding family law arbitration. Our current statute, I.C. 34-57-5-1, et seq, was enacted in 2005. It answered many of the questions attorneys had.
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Brown: Can the gladiator make peace?

October 7, 2015
It is the concept of the peacemaker that so clearly expresses the role of the mediator.
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Indiana Judges Association: The online life of judges requires prudence

October 7, 2015
David Dreyer
We legal professionals have a unique role to translate ancient theorems into optic fiber. Along with that obligation arises a longstanding devotion to ensuring the world understands what law is and has always been: an imperfect process to determine “facts” and apply the rules.
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DTCI: Second chair is not second fiddle

October 7, 2015
From DTCI
I had the privilege of being the second chair at my first jury trial in March of this year. As I begin preparations for my next trial as second chair, I have been reflecting on what I learned the first go-round. I share my thoughts here with the hope that they will help other young attorneys – or even a seasoned attorney when he or she mentors young attorneys.
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Remonstrators’ victories are short-lived

October 7, 2015
Marilyn Odendahl
In a string of reversals from the Indiana Court of Appeals, the judiciary seems to be saying that if a municipality indicates it will need the additional territory at some point in the future, then that is enough to allow an annexation to move forward.
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Inside the Criminal Case: New playbook for prosecuting white collar crime

October 7, 2015
James Bell, K. Michael Gaerte
There is a theme that permeates the news reporting of the 2008 financial crisis: no one went to jail as a consequence. In possible reaction to this theme, the U.S. Department of Justice recently issued a bulletin that has since been referred to as the “Yates Memo.”
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Hammerle On … 'Grandma,''Black Mass'

October 7, 2015
Robert Hammerle
Bob Hammerle writes that "Black Mass" demonstrates the downside of our national character.
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Neutral Corner: Mediation communications in legal malpractice actions

October 7, 2015
John Van Winkle
The legal malpractice case of Cassel v. Superior Court of Los Angeles County, 244 P. 3d 1080 (2011), continues to ricochet through the California mediation community and court system, and the issue it raised is now headed to the Legislature.
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Indianapolis Red Mass highlights legal lesson of the Good Samaritan

October 6, 2015
Marilyn Odendahl
An estimated 200 attorneys, judges and law students gathered Oct. 5 to celebrate the beginning of the judicial year at the 56th annual Red Mass sponsored by the St. Thomas More Society of Indianapolis.
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Reversal reinstates negligence claim in fall on snowy hotel lot

October 6, 2015
Dave Stafford
A trial court erred in granting summary judgment in favor of hotel defendants on a negligence claim arising after a guest slipped, fell and was injured in a parking lot covered by a dusting of snow.
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Cocaine dealing conviction affirmed over jury instruction challenge

October 6, 2015
Dave Stafford
A man convicted of dealing cocaine failed to persuade the Indiana Court of Appeals to reverse due to what he claimed was an erroneous jury instruction.
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7th Circuit rejects en banc rehearing in student loan case

October 6, 2015
Dave Stafford
Whether a creditor can apply student loan rehabilitation agreement payments to collection costs is a question that split a panel of the 7th Circuit Court of Appeals three ways, but Circuit judges agreed they’ve heard enough of the matter for now.
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Attorneys: Indiana feticide conviction was absurd use of law

October 6, 2015
 Associated Press
Attorneys for an Indiana woman seeking to overturn her conviction in the death of her premature baby have argued prosecutors relied on an absurd use of the state's feticide law.
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Smoking law under review in Legislature

October 6, 2015
Marilyn Odendahl
The legislative Interim Study Committee on Public Policy will review the state’s smoking policy, including a look at e-cigarettes and an increase in the cigarette tax, at its first meeting Oct. 6.
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Ex-Secretary of State Charlie White begins serving home detention

October 6, 2015
 Associated Press
Former Indiana Secretary of State Charlie White has started serving his one-year sentence of home detention more than 3½ years after being convicted of perjury and other charges that forced him from office.
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Carmel City Council passes anti-discrimination ordinance

October 6, 2015
Lindsey Erdody, IBJ Staff
Carmel City Council approved a human rights ordinance with a 4-3 vote Monday night after hearing about two hours of divided public testimony.
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Familiar, divisive social issues on Supreme Court agenda

October 5, 2015
 Associated Press
The Supreme Court of the United States' new term began Monday with no cross words between the justices, although a steady stream of divisive social issues awaits them in the coming months.
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  1. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

  2. Can anyone please help this mother and child? We can all discuss the mother's rights, child's rights when this court only considered the father's rights. It is actually scarey to think a man like this even being a father period with custody of this child. I don't believe any of his other children would have anything good to say about him being their father! How many people are afraid to say anything or try to help because they are afraid of Carl. He's a bully and that his how he gets his way. Please someone help this mother and child. There has to be someone that has the heart and the means to help this family.

  3. 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!

  4. 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.

  5. 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?

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