Focus

Undocumented worker's injury suit puts major issues before justices

November 2, 2016
Dave Stafford
An undocumented immigrant’s workplace injury — and how much he may be entitled to — has put the rising number of foreign-born workers, the rights they can expect, and the responsibilities of employers squarely before the Indiana Supreme Court.
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Bouncing back from the bust

November 2, 2016
Marilyn Odendahl
Hammered in the recession, real estate law now faces competition from nonlawyers as well as the need to attract new faces.
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Proposed IRS regulation a taxing matter for relatives

October 19, 2016
Marilyn Odendahl
Proposed regulations from the Internal Revenue Service confirm that blood is thicker than water, but estate planning attorneys say the new rules could hand family-owned businesses much higher tax bills simply because they are family.
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With Prince’s intestate death, estate lawyers see need to educate

June 1, 2016
Dave Stafford
The apparent intestate death of Prince Rogers Nelson, who left an estate widely reported to be worth up to $300 million, prompted several Indiana lawyers to blog about their connection to his music and also use the opportunity to educate people about what happens when someone dies without a will or estate plan.
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Laurin: Liquidated damages provisions: enforceable or a penalty?

April 6, 2016
When litigating the enforceability of liquidated damages provisions, the issue is almost always whether the provision is in reality an unenforceable penalty.
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Waterfill: EEOC alleges gender discrimination in 2 suits

March 23, 2016
Mark Waterfill
In light of development in gender discrimination cases, what should wise employment counsel advise clients to do?
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Vlink: Should unions charge free-rider fees for grievances?

March 23, 2016
David VlinkMore

ABA push boosts Uniform Bar Exam

February 24, 2016
Marilyn Odendahl
During the 2016 American Bar Association Midyear Meeting in early February, the House of Delegates passed a resolution encouraging states to adopt the Uniform Bar Examination. The test, administered by the National Conference of Bar Examiners, has already been adopted in 19 states and the District of Columbia.
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Legal education at what cost?

February 24, 2016
Dave Stafford
The economic storm of recent years was particularly perilous for the legal industry and law schools, but despite encouraging signs, former Indiana Chief Justice Randall Shepard said the dangers have not passed.
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Disciplinary Actions - 2/24/16

February 24, 2016
IL Staff
Read who recently resigned from the bar and who was suspended.
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Study commission repeal endangering probate code needs

January 27, 2016
Marilyn Odendahl
Since the Probate Code Study Commission was eliminated as part of a 2014 law that reduced the number of interim study committees, certain legislators and attorneys have mounted an effort to get the commission reinstated.
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Collaborative divorce use lagging in Indiana

January 13, 2016
Dave Stafford
Lea Shelemey learned about collaborative divorce a dozen years ago when she heard what lawyers were doing in her native Alberta, Canada. She’s been sold ever since, but she wishes more lawyers were trained in the process and more clients were willing to take the option
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Married lesbian couples seek birth certificate equality

January 13, 2016
Marilyn Odendahl
Lesbian couples in Indiana are learning the fight for state recognition did not stop with the legalization of same-sex marriage. The battle now has moved to parenthood.
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Ringlespaugh: Custody issues for parents of special-needs children

January 13, 2016
When deciding child custody in a situation involving a child with special needs, it is important for the courts, parents and attorneys to consider how these situations differ from families that do not have children with disabilities.
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Ryznar: Grandparent visitation 15 years after Troxel

January 13, 2016
Margaret Ryznar
Given continued high levels of divorce and out-of-wedlock births, the role of grandparents continues to be an important source of stability in some families. Thus, in 2015, grandparent visitation made several appearances on the Indiana court dockets.
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Trust and the troubled child

October 21, 2015
Dave Stafford
Estate planning attorneys occasionally draw the strong-willed client who wants to leave money to an heir – but only if the kid sobers up, quits getting in trouble with the law, gets a job, stops living beyond his means, or changes behavior in some other way.
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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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First TDSIC tracker petition short circuits, but power turned on

September 23, 2015
Marilyn Odendahl
Three months after legislation was approved at the Indiana Statehouse allowing utility companies to pass along the costs of upgrading their infrastructure to consumers, Northern Indiana Public Service Co. took the new law out for a test drive.
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Indianapolis lawyer to advocate for attorneys as ISBA president

September 9, 2015
Teryn Armstrong
On Oct. 9, Carol Adinamis will become the third woman to serve as president of the Indiana State Bar Association in its 119-year history.
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ISBA sets schedule for annual meeting in October

September 9, 2015
IBJ Staff
Indiana attorneys are invited to the 119th Annual Meeting of the Indiana State Bar Association where they can learn and network with their colleagues from across the state. The event will be Oct. 7-9 at the French Lick Resort in French Lick, Indiana.
More

Leadership Academy project focuses on health, wellness

September 9, 2015
Catherine Clements, Colin Connor, Traci Cosby
the Indiana State Bar Association Leadership Development Academy Class IV strives to promote and educate our colleagues on attorney wellness through a CLE, which will be presented during the ISBA annual meeting at the French Lick Resort Oct. 7-9.
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Advertising rule would put lawyers on notice of violations

September 9, 2015
Dave Stafford
The House of Delegates will consider three advertising rule changes next month, including a proposal that would give the Supreme Court Disciplinary Commission the option of sending a warning to an attorney whose ads may violate Rules of Professional Conduct.
More

Unconscious bias impact focus of ISBA presentation

September 9, 2015
Marilyn Odendahl
Kimberly Papillon, a California attorney and expert in the area of implicit bias, will be presenting her program, The Neuroscience of Legal and Judicial Decision Making, at the ISBA annual meeting. It will explore the things that can unconsciously interfere with how an individual makes decisions.
More

Law professor’s book spotlights service workers’ fight for unions

August 26, 2015
Marilyn Odendahl
Indiana University Robert H. McKinney School of Law professor Fran Quigley's book, “If We Can Win Here: The New Front Lines of the Labor Movement,” examines how the push for higher wages and better working conditions is playing out in the very red Hoosier state.
More

Doubt means don’t: Drafting an effective social media policy

August 26, 2015
Stephanie Cassman, Nabeela Virjee
Because social media is a relatively new phenomenon, employers have been wading into uncharted territories when creating and implementing social media policies.
More
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  1. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  2. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  3. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  4. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  5. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

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