Focus

Special task force going word-by-word through ADR rules

September 25, 2013
Although the privacy of mediation has been affirmed by the Indiana Supreme Court, the possibility that confidential conversations could become public highlighted the need to clarify and possibly change the state’s rules for alternative dispute resolution.
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Arbitrator's unavailability will not stop arbitration from starting

September 25, 2013
Marilyn Odendahl
The Indiana Court of Appeals has found an arbitration agreement’s “plain language” trumps a woman’s attempt to stop the alternative dispute resolution process.
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Business agreements provide roadmap for changes in family-run enterprises

September 11, 2013
Marilyn Odendahl
Integrate family into small business ownership and the potential for rivalry, high emotions and different agendas increases, especially as the business is passed from one generation to the next. The dispute rocking the Holiday World & Splashin’ Safari theme park in southwest Indiana shows what can happen when a family fights over a business but, attorneys say, it is an extreme and uncommon situation. Usually members of a family or multiple shareholders in a closely held company work through their dispute outside the courtroom.
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Edward Thomas: Tips on determining testamentary capacity

September 11, 2013
Lewis Wagner attorney Edward Thomas discusses in the IL's Estate Planning focus section testamentary capacity and other considerations that go into creating a will.
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Ethanol plant emissions suit may be bound for Indiana Supreme Court

August 28, 2013
Dave Stafford
Indiana’s ethanol industry faces an uncertain regulatory environment and likely more stringent emissions standards after a recent Indiana Court of Appeals ruling. A state agency will ask the Indiana Supreme Court to hear the case, as several corn-to-fuel plant operators also are expected to do.
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Farm smells ignite debate but no consensus reached

August 28, 2013
Marilyn Odendahl
Before dinner can be prepared and served at the table, the food has to be raised on a farm. However, Old MacDonald’s Farm with its placid scenes of pigs and cows is a shrinking segment of American farming, being replaced with large industrial agricultural operations with hundreds and thousands of animals.
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Will Indiana's economy cool due to rising energy costs?

August 28, 2013
Bose McKinney & Evans attorney Nikki Shoultz discusses the relationship of the economy on rising energy costs.
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Moratorium on administrative rules leads to uncertainty

August 28, 2013
Plews Shadley Racher & Braun attorney Amy Romig discusses the impact of a recent executive order which placed a moratorium on new administrative rules by state agencies.
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Mandatory use of E-Verify could bring new headaches for US companies

August 14, 2013
Marilyn Odendahl
The red hot economy of the 1990s demanded a steady supply of unskilled and semi-skilled labor, a demand that was often filled with undocumented workers. Cities across the Midwest openly welcomed these individuals. Companies, trying to feed an insatiable appetite for workers, were placing help-wanted ads in newspapers in other states.
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Weighing all the risks in a workers' compensation case

August 14, 2013
In A Plus Home Health Care Inc. v. Miecznikowski, the Indiana Court of Appeals confirmed that while the “positional risk doctrine” described by our Supreme Court in Milledge v. Oaks, 784 N.E.2d 926 (Ind. 2003), was defunct, the analysis of compensability of injuries under the neutral risk doctrine still applied. 983 N.E.2d 140, 143-144 (Ind. Ct. App. 2012) trans. denied, 985 N.E.2d 338 (Ind. 2013). When handling a workers’ compensation matter, practitioners need to be sure they conduct an appropriate analysis of all risk doctrines applicable to the claim.
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Changes may prompt review of background check policies

August 14, 2013
For more than 20 years, the Equal Employment Opportunity Commission has taken the position that an employer’s use of applicants’ criminal history in making employment decisions may constitute discrimination under Title VII of the Civil Rights Act of 1964, as amended. The underlying premise has always been that because minorities are historically and statistically arrested and incarcerated at higher rates than their representation in the general population, the use of criminal records by employers in making hiring and retention decisions may be discriminatory.
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Stevenson: Plane crash litigation may improve travel safety

July 31, 2013
Modern airliners are filled with technology that has made flying safer than ever. According to MIT statistics professor Arnold Barnett, in the last five years, the death rate for airline passengers in the United States has been one in 45 million flights. At that rate, a passenger could fly daily for an average of 123,000 years before being involved in a fatal crash. While technology such as GPS and auto-landing systems has minimized the chance for human error, especially in poor-visibility landing conditions, there is a drawback. Asiana Flight 214 is likely to become a prime example of how technology can actually cause aviation disasters instead of preventing them. Flight 214’s collision with the seawall just short of the runway at San Francisco International Airport demonstrates what can happen when technology does not work as intended.
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Paralegals take another stab at proposed rule on voluntary certification

July 31, 2013
Dave Stafford
Marion Superior Judge David Shaheed paid tribute to the professionals of the Indiana Paralegal Association at the group’s annual meeting July 17.
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Dissolution of same-sex marriages a legal puzzle for lawyers, judges

July 17, 2013
Dave Stafford
Indiana statute makes clear the state’s position on same-sex marriage, but it also leaves murky the rights of Hoosier couples who, despite the law, are legally married.
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Indiana grandparents petitioning for visitation face long odds

July 17, 2013
Marilyn Odendahl
The courts are limiting relatives' rights while the Indiana General Assembly seeks to expand them.
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Kohlhaas: Notable changes to Indiana’s Parenting Time Guidelines

July 17, 2013
Michael Kohlhaas points out notable changes to the Indiana Parenting Time Guidelines, including to school breaks.
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More attorneys are turning to online programming to get CLE credit

July 3, 2013
Marilyn Odendahl
Since 2006, Indiana attorneys have been allowed to count CLE classes offered over the Internet toward their total required continuing education hours. The popularity of online programs has been growing among lawyers primarily because of the convenience. Lawyers do not have to budget travel time into their schedules to attend a seminar.
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Canny: CLE enables paralegals to learn, grow

July 3, 2013
Cathy Canny asks why is it any less important for paralegals to obtain continuing legal education as compared to attorneys.
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Improving judicial professionalism starts in the classroom

July 3, 2013
Marilyn Odendahl
The new requirement for judges to log more continuing education hours is not seen as burden.
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Orzeske: How to stay in good standing with your CLE requirements

July 3, 2013
The Commission for Continuing Legal Education encourages attorneys to be active in obtaining education and maintaining correct contact information.
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Lawmakers put more teeth into consumer protection of Indiana seniors

June 19, 2013
Dave Stafford
Indiana seniors get some new consumer protections July 1. As a group, they also get a little younger.
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Attorneys give hospice patients peace of mind

June 19, 2013
Marilyn Odendahl
Although a will may be described as “simple,” for patients in hospice care having a completed will and knowing their wishes are recorded in a legal document can bring a peace that makes the word “simple” seem like a misnomer.
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ITLA members steer teens from trouble on the road

June 5, 2013
Marilyn Odendahl
Lawyers present PowerPoint program with the goal to reduce distraction among young drivers.
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Taxed to death no more

May 22, 2013
Dave Stafford
The fate of the inheritance tax in Indiana went from a slow, lingering demise over the next decade to sudden death in the biennial budget lawmakers approved this session.
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Attorneys must financially prepare for life during retirement

May 22, 2013
Marilyn Odendahl
Law firms use 401(k)s to help employees save for their golden years.
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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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