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Leonard: Proposed rule expands safe harbors under federal Anti-Kickback Statute

November 19, 2014
The United States Department of Health and Human Services Office of Inspector General recently published a proposed rule seeking to add new safe harbors to the Anti-Kickback Statute, as well as amend certain existing safe harbors within the rule.
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DTCI: Is technology killing the work-life balance?

November 19, 2014
From DTCI
I will admit that when I first started practicing law, there were no BlackBerry phones, iPhones or tablets allowing one to access email at any time of the day, anywhere in the world. I also could not access the system in our office while at home or some other remote location. Now that all of these options are available to us, I can’t help but wonder is technology killing the ability to balance work with life?
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Quality of Life: Volunteer to live a longer and healthier life

November 19, 2014
Jonna Kane MacDougall
Not only do the recipients of the volunteers’ time and effort benefit, but studies have shown that the volunteers themselves benefit as well.
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Bell: 3 things to know when leaving a law firm

November 19, 2014
James Bell
According to the all-reliable Internet, the economy is improving. That may mean lawyers will soon be moving from their secure jobs to (possibly perceived) greener pastures. The act of leaving a law firm implicates several Rules of Professional Conduct that both law firm management and departing attorneys should be aware of. Here are three things to know about leaving a law firm.
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Hammerle On…'Big Hero 6,' 'Interstellar,' and 'St. Vincent'

November 19, 2014
Robert Hammerle
Bob Hammerle says he needs to see "Interstellar" again to try to grasp the moments that he didn't understand from the movie.
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Attorney Zeff Weiss dies after battle with cancer

November 18, 2014
Indianapolis real estate attorney Zeff A. Weiss died Monday night surrounded by family after a battle with brain cancer. He was 57.
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7th Circuit reverses summary judgment in prison attack lawsuit

November 18, 2014
Marilyn Odendahl
Repeatedly drawing attention to the heavily redacted record and scant information about procedures, the 7th Circuit Court of Appeals tossed out a summary judgment granted to the government in a lawsuit stemming from a prison yard attack.
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Failure to object to judge in termination case waives argument on appeal

November 18, 2014
Dave Stafford
A father whose parental rights were terminated by the same judge who presided when he was convicted of child molesting and neglect raised the issue on appeal for the first time, therefore waiving the objection, the Indiana Court of Appeals ruled Tuesday.
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IU McKinney postpones lecture

November 18, 2014
IL Staff
Indiana University Robert H. McKinney School of Law has postponed the third annual Birch Bayh Lecture that had been scheduled for Thursday at the law school.
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Hearing set on Eagle Creek deer hunt injunction bid

November 18, 2014
Dave Stafford
A request for a preliminary injunction to stop a planned deer hunt at Indianapolis’ Eagle Creek Park will get a hearing just days ahead of the scheduled hunt.
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Delay of protection order hearing called ‘disturbing’

November 17, 2014
Marilyn Odendahl
The Indiana Court of Appeals called a trial court’s delay in setting a hearing on a petition for a permanent protection order “disturbing” and found the lower court’s denial of the order did not comply with the state’s trial rules.
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Language of trust overrides statutes, COA rules

November 17, 2014
Marilyn Odendahl
A man’s promise to sue his brother and deplete their father’s trust of its assets resulted in him being ordered to pay $13,166 in attorney fees to the trust.
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Human trafficking prevention training to be held Tuesday

November 17, 2014
IL Staff
A “train the trainer” event Tuesday aims to provide tools to increase youth awareness of human trafficking and sexual exploitation crimes.
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Denomination loses appeal in favor of breakaway church

November 17, 2014
Dave Stafford
A church denomination failed to prove to the Indiana Court of Appeals that it was entitled to the property of a congregation that broke away.
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Conviction for hit-and-run fatality affirmed

November 17, 2014
Dave Stafford
The conviction of a driver who struck and killed a woman while she walked on a busy street during a rainstorm was affirmed Monday by the Indiana Court of Appeals.
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Court to consider when second mortgage can be void

November 17, 2014
 Associated Press
The Supreme Court said Monday it will decide whether homeowners who declare bankruptcy can void a second mortgage if the home's market value has dropped below the amount they owe on the first mortgage.
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Same-sex marriage issue squarely before high court

November 17, 2014
 Associated Press
A same-sex couple from Michigan is putting the question of the right to marry nationwide squarely before the Supreme Court.
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COA rules contract with missing elements is still valid

November 14, 2014
Marilyn Odendahl
A Hamilton County man failed to convince the Indiana Court of Appeals that the absence of start and completion dates along with his name rendered his contract with a home improvement company invalid.
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COA reverses judgment for driver in fatality, rules for moped rider’s dad

November 14, 2014
Dave Stafford
The Indiana Court of Appeals Friday turned upside down a trial court’s judgment in favor of a driver who collided with a moped rider who died at the scene of the Indianapolis crash in August 2012.
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Lawyer: Affirmed $1.4M judgment against Walgreen sets HIPAA precedent

November 14, 2014
Dave Stafford
A Marion County jury verdict affirmed Friday by the Indiana Court of Appeals upholds a $1.4 million verdict for a Walgreen pharmacy customer whose prescription information was provided to a third party and sets a national precedent, according to the lawyer who argued the case.
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After 23 years, Krieg DeVault names new managing partner

November 14, 2014
Scott Olson, IBJ Staff
For the first time in more than 20 years, there’s a new leader of Krieg DeVault LLP.
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In affirming conviction, justices clarify required meth evidence

November 14, 2014
Dave Stafford
Authorities improperly charged a man with meth manufacturing based on the volume of an intermediate mixture, but other evidence was sufficient to affirm his conviction of Class A felony manufacturing methamphetamine, the Indiana Supreme Court held Thursday.
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Government’s legal error requires another look at convictions

November 13, 2014
Jennifer Nelson
The United States government conceded on appeal that its treatment of vehicle titles and license plates as “property” from the perspective of Indiana in order to convict defendants of conspiracy to commit mail or wire fraud was a legal error. The 7th Circuit Court of Appeals reversed the convictions but did not foreclose the possibility of retrial.
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Agency record required for judicial review of agency action

November 13, 2014
Jennifer Nelson
A petitioner seeking judicial review of an agency action must file with the trial court the agency record as defined by the Administrative Orders and Procedures Act. Not doing so will result in dismissal of the petition, the Indiana Supreme Court unanimously ruled Thursday.
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COA upholds order man pay ex-wife’s appellate attorney fees

November 13, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s claim that the same standard for awarding attorney fees should apply regardless of the forum. The judges affirmed the order that he pay his ex-wife’s appellate attorney fees because he is in a better position than she is to pay them.
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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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