Focus

Stevenson: Construction contractor non-delegable duties: then & now

April 8, 2015
With over 200 years of history, the non-delegable duty doctrine is not likely to disappear. As with many long-standing legal principles, it will likely be molded to fit today’s complex construction world.
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Focus: The transgender employees: guidance for employers

March 25, 2015
With the increased visibility of transgender people in the media, you’ve probably heard about Jazz Jennings, the 14-year-old activist who recently landed a show on TLC which will feature her family and how she deals with typical teen drama as a transgender individual. Or, you’ve spent a Saturday binge watching the Netflix hit “Orange is the New Black,” a show staring Laverne Cox, a transgender actress and LGBT advocate, who is the first openly transgender person to be nominated for an Emmy. It is refreshing to see trans people in the media as it reflects our growth and acceptance as a society for those who have been historically mistreated and underrepresented.
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Landowners may be on hook for contamination caused by tenants

March 11, 2015
Dave Stafford
Lawyers say an appeals court ruling last year means landowners who learn of contamination on their property may be held liable for damages even if they did nothing to directly contribute to the pollution.
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‘Solar gardens’ catching on, but legality unclear in Indiana

March 11, 2015
Kathleen McLaughlin, IBJ Staff
Imagine seeing the price of gas drop 50 percent, then finding out you couldn’t take advantage because of a law that excluded drivers who lease their vehicles or whose fuel tank is on the wrong side. That’s pretty much the experience of most would-be solar energy users.
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Rising cost of legal education sparked creation of ABA task force

February 25, 2015
Marilyn Odendahl
At public law schools, the average tuition and fees across the country for in-state residents skyrocketed 123 percent between 2003 and 2013. Private law schools were marginally better, logging an increase of 64 percent, according to a 2014 analysis by Robert Kuehn, professor at Washington University School of Law in St. Louis.
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Texts present unique challenges in evidence preservation and admission

February 11, 2015
Dave Stafford
Of the billions of text messages sent daily in the world, a few will wind up as evidence in litigation. A few that should will not, and that could mean trouble for lawyers.
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Foos: Forget the next big thing; focus on your existing technology

February 11, 2015
What we often forget is that the focus of legal-based technology is to increase the productivity of attorneys, paralegals and administrative staff. We’re focused on the next big thing when we should be identifying how to customize our existing technology to save time and increase productivity.
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Trust proposal in Legislature would shield assets from creditors, permit perpetuity

January 28, 2015
Dave Stafford
Assets could be shielded from creditors and passed down to numerous generations under a legacy trust proposal being considered by the Indiana General Assembly. The proposed estate-planning device would be exempt from the rule against perpetuities.
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Partial-termination dispute gets full treatment from court

January 28, 2015
Marilyn Odendahl
After nearly 19 years and five appearances before the 7th Circuit Court of Appeals, a dispute over retirement benefits has ended where it began and elicited an admission of mistaken interpretation from the court.
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Ruling extends standing in adoption cases to those with ‘lawful custody’

January 14, 2015
Dave Stafford
The sometimes-bitter litigation between a child’s adoptive parent and her grandparents who raised her from a young age yielded a decision from the state’s highest court that family law experts believe may represent a significant shift in adoption cases.
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Zoeller: Use depositions over interrogatories in family law matters

January 14, 2015
We’ve all received the responses to interrogatories so doctored by opposing counsel there is virtually no substance, or so littered with objections and qualifications that the answer is meaningless. So for many years my solution to this problem has been to take depositions. I will outline a few of the reasons more family law practitioners should do the same.
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Protective order filings rise during past 9 years

January 14, 2015
Marilyn Odendahl
Attorneys say the 25 percent increase reflects more understanding and less victim blaming.
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Lucky, plucky owners reclaim and renew famous Hoosier trademarks

December 17, 2014
Dave Stafford
Entrepreneurs enjoying sweet successes and heady times with the resurgence of their retro products took varied paths to claim the rights to bring back brands with deep Hoosier roots. The new owners of Roselyn Bakery, Choc-Ola chocolate drink and Champagne Velvet beer got dormant brands back on store shelves by capitalizing on trademarks that had disappeared from the marketplace but retained a certain cachet.
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Frustrations with patent trolls spark push for pest control

December 17, 2014
Marilyn Odendahl
Three years after passing the Leahy-Smith America Invents Act which overhauled the U.S. patent system, Congress and state legislatures have been introducing bills that primarily seek to reform the process by clamping down on so-called patent trolls.
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Gallagher: Recent Supreme Court rulings could help end patent trolls

December 17, 2014
There have been recent efforts in Congress and state legislatures to address the issue of so-called patent trolls, also known as patent assertion entities. This year, at least three of the six patent-related decisions by the Supreme Court of the United States have been widely regarded as impacting PAE activity. Although these decisions are only six months old, they appear to be on a path to help curb these unwanted lawsuits.
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White: Say ‘I do’ to IP due diligence in business transactions

December 17, 2014
Intellectual property is one of the most valuable and important assets of any consumer products, life sciences or technology driven company. Despite the inherent value associated with these intangible assets, IP rights are often overlooked or are only cursorily evaluated when a company is embroiled in a business transaction (such as a merger or an acquisition).
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Fewer young attorneys enter graying profession, instead find alternative uses for JDs

December 3, 2014
Dave Stafford
Recent Indiana law school graduates are broadening their horizons, with many taking nontraditional post-graduate paths in the business world as the legal profession is increasingly graying.
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Preparing for Ebola

November 19, 2014
Dave Stafford
The first Ebola cases in the United States caused panic that Indiana legal and medical experts say has receded somewhat as public health systems contained the virus and educated people about the risks of the disease and the perils of overreacting.
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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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Technology helps aid non-English-speaking litigants but has limits

November 5, 2014
Dave Stafford
Remote connections for interpreting services are becoming more common in courts and legal proceedings. Speakers of Arabic, Mandarin, Punjabi and countless other languages and dialects are entitled to understand proceedings and communicate, but there isn’t always a qualified interpreter who can show up in person.
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Law firms struggle to create apps that meet a specific need

November 5, 2014
The challenge for law firms is to create an app that brings value. The apps must  fill a need that the user has and go beyond putting the firm's legal blog into the app.
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When municipal growth clashes with property owners, the result is annexation headaches

October 22, 2014
Marilyn Odendahl
A 644-acre swath of rural Hancock County land is at the heart of a contentious annexation battle that illustrates what municipalities say is the need to get control of property before development happens. The case also brings to light what may be a shift in the judiciary’s attitude toward remonstrators.
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Public-private partnerships’ popularity peaking

October 22, 2014
Dave Stafford
In an era of tight lending for construction, public-private partnerships are a solution to get desired projects funded and under way. Attorneys who represent parties in such deals say nuanced negotiations hold the key for deals with a shared vision but sometimes competing interests.
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Maximizing paralegal roles to get money's worth

October 8, 2014
Marilyn Odendahl
An Indiana State Bar Association panel examines ways firms can delegate work to paralegals to increase efficiency and profitability.
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Small firms rise to top of ISBA leadership

October 8, 2014
Dave Stafford
Jeff Hawkins is like most Indiana lawyers – he works in a small practice. Hawkins, incoming president of the Indiana State Bar Association, will be the first of three consecutive leaders hailing from solo or small law firms.
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  1. Falk said “At this point, at this minute, we’ll savor this particular victory.” “It certainly is a historic week on this front,” Cockrum said. “What a delight ... “Happy Independence Day to the women of the state of Indiana,” WOW. So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)

  2. congratulations on such balanced journalism; I also love how fetus disposal affects women's health protection, as covered by Roe...

  3. It truly sickens me every time a case is compared to mine. The Indiana Supreme Court upheld my convictions based on a finding of “hidden threats.” The term “hidden threat” never appeared until the opinion in Brewington so I had no way of knowing I was on trial for making hidden threats because Dearborn County Prosecutor F Aaron Negangard argued the First Amendment didn't protect lies. Negangard convened a grand jury to investigate me for making “over the top” and “unsubstantiated” statements about court officials, not hidden threats of violence. My indictments and convictions were so vague, the Indiana Court of Appeals made no mention of hidden threats when they upheld my convictions. Despite my public defender’s closing arguments stating he was unsure of exactly what conduct the prosecution deemed to be unlawful, Rush found that my lawyer’s trial strategy waived my right to the fundamental error of being tried for criminal defamation because my lawyer employed a strategy that attempted to take advantage of Negangard's unconstitutional criminal defamation prosecution against me. Rush’s opinion stated the prosecution argued two grounds for conviction one constitutional and one not, however the constitutional true threat “argument” consistently of only a blanket reading of subsection 1 of the intimidation statute during closing arguments, making it impossible to build any kind of defense. Of course intent was impossible for my attorney to argue because my attorney, Rush County Chief Public Defender Bryan Barrett refused to meet with me prior to trial. The record is littered with examples of where I made my concerns known to the trial judge that I didn’t know the charges against me, I did not have access to evidence, all while my public defender refused to meet with me. Special Judge Brian Hill, from Rush Superior Court, refused to address the issue with my public defender and marched me to trial without access to evidence or an understanding of the indictments against me. Just recently the Indiana Public Access Counselor found that four over four years Judge Hill has erroneously denied access to the grand jury audio from my case, the most likely reason being the transcription of the grand jury proceedings omitted portions of the official audio record. The bottom line is any intimidation case involves an action or statement that is debatably a threat of physical violence. There were no such statements in my case. The Indiana Supreme Court took partial statements I made over a period of 41 months and literally connected them with dots… to give the appearance that the statements were made within the same timeframe and then claimed a person similarly situated would find the statements intimidating while intentionally leaving out surrounding contextual factors. Even holding the similarly situated test was to be used in my case, the prosecution argued that the only intent of my public writings was to subject the “victims” to ridicule and hatred so a similarly situated jury instruction wouldn't even have applied in my case. Chief Justice Rush wrote the opinion while Rush continued to sit on a committee with one of the alleged victims in my trial and one of the judges in my divorce, just as she'd done for the previous 7+ years. All of this information, including the recent PAC opinion against the Dearborn Superior Court II can be found on my blog www.danbrewington.blogspot.com.

  4. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  5. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

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