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Court rules gynecologist can’t testify on mental competency

June 4, 2014
Jennifer Nelson
A bank is able to foreclose on a mortgage against the estate of a deceased 95-year-old woman who opened the line of credit to pay her granddaughter to take care of her. But the elderly woman’s daughter argued the granddaughter unduly influenced Mildred Borgwald to open the account.
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COA orders trial over 1 issue in contaminated development land suit

June 4, 2014
Jennifer Nelson
The Indiana Court of Appeals has ordered a trial on the issue of whether the known loss doctrine would bar coverage of an insurance policy held by the owner of land sold for a housing development that later was found to have been contaminated with toxic waste. A builder sued the landowner, claiming he knew of the potential contamination and failed to inform the builder.
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No abuse by trial court in modifying maintenance payment terms

June 4, 2014
Jennifer Nelson
The Indiana Court of Appeals held that a trial court did not abuse its discretion when it denied a man’s petition to revoke spousal maintenance.
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Justices question prosecutor’s tactics, but decline to award new trial

June 4, 2014
Jennifer Nelson
The Indiana Supreme Court ruled Tuesday that while a Marion County prosecutor committed one instance of prosecutorial misconduct during a man’s trial for sexual misconduct with a minor, the effect of this misconduct did not make a fair trial for the defendant impossible.
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Indiana to get $2.1M in drugmaker settlement

June 4, 2014
IL Staff
The Office of the Indiana Attorney General announced Wednesday that the state will receive nearly $2.1 million in a multi-state settlement with GlaxoSmithKline LLC concerning three of its drugs.
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Depositions delayed in Spierer civil case

June 4, 2014
Dave Stafford
Attorneys for the parents of missing Indiana University student Lauren Spierer must delay more than a dozen planned depositions. The depositions were scheduled this month in four cities in the federal civil trial naming two of the people believed to have last seen Spierer.
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Hammerle On … 'Belle,' 'Locke'

June 4, 2014
Robert Hammerle
Bob Hammerle says buy a ticket for "Locke" and be prepared for a mesmerizing trip.
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Proposed e-filing rule comment period open

June 4, 2014
Dave Stafford
Lawyers will be able to file state court cases and motions with the ease of clicking a button beginning next year. Getting to that point won’t be so simple.
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Quarles & Brady latest large firm to expand to Indianapolis

June 4, 2014
Dave Stafford
Larger firms see enough promise to set up shop in Indianapolis - not through merger or acquisition - but by expanding with the launch of a branded office. And then expanding some more.
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Indiana Tech dean's exit shocks backers

June 4, 2014
Marilyn Odendahl
Indiana Tech Law School Dean Peter Alexander’s surprising resignation May 21 as dean has many in the Fort Wayne legal community questioning what happened. But attorneys said they will maintain the relationships with the school that were fostered by the former leader.
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Longtime private practitioner Steve Langer leads ITLA

June 4, 2014
Dave Stafford
Valparaiso attorney Steven Langer brings to bear more than 30 years of experience as the new president of the Indiana Trial Lawyers Association. He answers a few questions from Indiana Lawyer about the organization, the practice of law, and his family. And he had a pet black bear in his youth.
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ITLA Institute hits a big milestone

June 4, 2014
Marilyn Odendahl
The 50th annual conference will give attorneys a chance to recharge, connect with others, and learn tips from a comedian.
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Ex-officer for MCBA may lose law license

June 4, 2014
Jennifer Nelson, Dave Stafford
Members and officers of the Marion County Bar Association say the organization has put behind it the theft and subsequent repayment of more than $10,000 by its former treasurer.
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Dean's Desk: IU McKinney dean reflects on first year on the job

June 4, 2014
Andrew Klein
It’s been nearly a year since I became dean of the Indiana University Robert H. McKinney School of Law, and it would be impossible to fully describe the experience in this short column
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Hoosiers play integral roles in historic military commissions

June 4, 2014
Marilyn Odendahl
The words Indianapolis attorney Richard Kammen used to describe the trials taking place at Guantanamo Bay are jarring – “legally grotesque situation,” “huge stain on American justice,” “secret expedient rigged justice.”
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IU McKinney students observe trial proceedings at Guantanamo Bay

June 4, 2014
Marilyn Odendahl
Through the U.S. Military Commission Observation Project at IU McKinney School of Law, students, faculty, staff and alumni are joining organizations to watch the hearings at Guantanamo Bay and blog about their thoughts and impressions.
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Technology Untangled: Make sure Windows 8.1 computer can play DVD movies

June 4, 2014
Stephen Bour
Microsoft does not include DVD player software as a standard feature of Windows 8.1! Today’s article serves as both a caution and as an explanation about this DVD player issue.
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Bell/Gaerte: 3 things to know about ethical responsibility for others’ conduct

June 4, 2014
James Bell, K. Michael Gaerte
The recent disciplinary case, Matter of Anonymous, is not the only time someone in Indiana has been disciplined for the conduct of another.
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DTCI: Young attorneys should rely on their own devices at work

June 4, 2014
Kevin Tyra

To the extent practicable, young attorneys should rely on their own devices to determine what needs to be done, and how to do it, rather than expect the more senior attorney to spell it out for them.

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Justices reverse, reinstate wrongful death claim against nursing home

June 3, 2014
Dave Stafford
The estate of a woman who died in a nursing home after an attack by another resident may pursue a wrongful death claim, the Indiana Supreme Court ruled Tuesday. The family was initially told the woman suffered a fall but learned of the attack years later.
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COA affirms court order in trailer ownership and use dispute

June 3, 2014
Dave Stafford
A court that granted relief from a previous order in a dispute over the ownership and use of 119 semi-trailers was affirmed Tuesday by the Indiana Court of Appeals.
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Sentences imposed on Anderson juveniles in double homicide reduced

June 3, 2014
Dave Stafford
Two Anderson youths convicted for their roles in the shooting deaths of a couple they robbed of money and marijuana may someday be freed from prison after the Indiana Supreme Court significantly reduced their sentences Monday.
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Hogsett: Anti-violence summit coming to Indianapolis

June 3, 2014
IL Staff
As Indianapolis’ homicide rate continues at a near record rate, U.S. Attorney Joe Hogsett announced Tuesday that an anti-violence summit will take place in the city Sept. 3-5, bringing together federal prosecutors and Justice Department officials from around the country.
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Judges to tour Chicago-area justice centers

June 2, 2014
Dave Stafford
Marion Superior judges this week will visit two suburban Chicago criminal justice complexes as Indianapolis officials proceed with plans to build a jail and criminal courts complex west of the downtown mile square.
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Prosecutor’s ‘continual misconduct’ warrants new molestation trial

June 2, 2014
Dave Stafford
A man’s child molesting convictions were vacated and he was granted a new trial by the Indiana Court of Appeals, which found prosecutorial misconduct amounting to fundamental error. It’s the second reversal and remand attributable to the same prosecutor, the court noted.
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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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