Focus

Pros, cons of changes in domain namingRestricted Content

October 12, 2011
Jenny Montgomery
Patent attorneys wonder who will benefit from new process.
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Mobile devices lighten loads, boost productivity for attorneysRestricted Content

September 28, 2011
Jenny Montgomery
New Albany attorney Derrick Wilson is frequently in the courtroom, and when he needs to check on a fact quickly, he turns to his trusty smartphone.
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'Shadow' jurors outside the boxRestricted Content

September 28, 2011
Michael Hoskins
The litigation technique is rare in Indiana.
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Constructing contracts for safety

September 14, 2011
Michael Hoskins
Indiana Supreme Court case examines construction manager's liability.
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Fall protection mandatory for residential jobsRestricted Content

September 14, 2011
Jenny Montgomery
On Oct. 1, the Occupational Health and Safety Administration will begin enforcing fall protection plans for residential contractors. The regulations have long applied to commercial construction, but this year marks the first that OSHA will begin requiring residential contractors to exercise the same level of caution when employees are working more than six feet above the ground.
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Protecting pets in perpetuity

August 31, 2011
Jenny Montgomery
The non-profit American Pet Products Association estimates that this year, Americans will spend $50.84 billion on their pets – not surprising, considering the ever-increasing variety of treats, toys, and services for animals. But what happens to these pampered pets after their owners die? Are they consigned to a life of off-brand food? Forced to take up residence in a cramped kennel?
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Workers' comp cases question line between employer liability and employee responsibilityRestricted Content

August 3, 2011
Jenny Montgomery
In June, the Superior Court of New Jersey, Appellate Division, affirmed the finding of a workers’ compensation judge who ruled that a man whose wife died of a pulmonary embolism while working from home was entitled to workers’ compensation survivor benefits. In Renner v. AT&T, No. A-2393-10T3, a doctor admitted that other factors – including obesity – may have been risk factors for developing the fatal blood clot.
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Hail creates firestorm for State Farm

July 20, 2011
Michael Hoskins
Hailstorm damages more than property, resulting in $14.5 million defamation verdict against the insurer.
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Lawyers look to Internet, social media for cluesRestricted Content

July 20, 2011
Jenny Montgomery
Surveying social media is becoming more common in trial preparation.
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The merits of medical patentsRestricted Content

July 6, 2011
Jenny Montgomery
In April, the U.S. Court of Appeals for the Federal Circuit heard arguments in a case that raises fundamental questions about the patentability of human genes. In June, the U.S. Supreme Court agreed to take on a patent case in which the central issue is the patentability of a medical process. Both cases could have far-reaching effects – in medicine, in law, and in academia.
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Federal anti-streaming bill has broad implications

July 6, 2011
Michael Hoskins
Putting a video on YouTube and embedding that video onto another site could be all it takes to commit a felony under a statutory amendment before the U.S. Senate.
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Switching sides: defenders become plaintiffs' attorneysRestricted Content

June 8, 2011
Jenny Montgomery
Bloomington attorney Mike Phelps was a successful defender for insurance companies for nine years.  But a personal injury case that he won on behalf of the defendant caused him to question whether he was ready for a change.
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Local counsel rule found unconstitutional

June 8, 2011
Michael Hoskins
The 7th Circuit Court of Appeals recently ruled that the Northern District of Indiana was essentially creating a built-in appeal issue on ineffective assistance of counsel, and it called out a senior judge for violating a man’s Sixth Amendment right to choose his own lawyer.
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ITLA volunteers connecting with community

June 8, 2011
Kelly Lucas
Time is money. Money makes the world go ’round. So what is so powerful that it can motivate busy lawyers to give up both? Perhaps it is the realization that with a small donation of each, they have the power to help alleviate hunger among children and families in central Indiana.
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As boomers age, lawyers seeing new trends in estate and health care planning

May 11, 2011
Jenny Montgomery
Born between 1946 and 1964, baby boomers are not like generations that came before them with regard to estate-planning needs. Many of them are living longer and will be working longer – some by choice and others because the value of their retirement accounts has plunged in recent years. As they look toward their future, the boomers’ top concerns are asset protection and paying for long-term care, although each person may have a different approach about how to accomplish those goals.
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OSHA withdraws workplace noise rule interpretation after opposition

March 30, 2011
Michael Hoskins
When it comes to workplace injury, one often overlooked and potentially devastating injury is hearing loss resulting from high noise levels in a workplace.
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Lawmaker asks General Assembly to study creation of state patent law

March 16, 2011
Michael Hoskins
An Indiana lawmaker wants to explore whether the state should create its own patent law, focusing on specific business method processes that aren’t covered by the federal patent system.
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Would bill make immigrants feel unwelcome?

March 2, 2011
Rebecca Berfanger
As a contentious immigration law that went into effect in Arizona last summer continues to be challenged and further changes are being considered by Arizona lawmakers, similar bills at the state and local level, including one in the Indiana Statehouse, have been gaining traction.
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Financing new energy creators

February 16, 2011
Michael Hoskins
When attorney John Kirkwood sees a garbage dump, his mind not only starts wandering toward the renewable energy that could be produced at that site but also an expanding field of law that’s drawing more lawyers into the environmental fold.
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Environmental bills to watch

February 16, 2011
Rebecca Berfanger
A number of bills with environmental impact have been introduced in both houses of the Indiana Legislature for 2011.
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Motion & discovery

February 2, 2011
Michael Hoskins
A settlement is the quicker resolution. A trial is the longer resolution. How the initial give and take between attorneys determines what happens.
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Child support changes targeting the rich?

January 19, 2011
Michael Hoskins
A case before the Indiana Court of Appeals calls into question the constitutionality of the state’s new child support guidelines, challenging the revisions that last year altered the payment scheme for high-income earners and raised the ceiling on child support obligations.
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Feighner: Judicial selection in Indiana

December 8, 2010
John Feighner
Indiana’s system of judicial selection through the Indiana Judicial Nominating Commission and the periodic retention vote for appellate judges and justices vindicate the core constitutional value – judicial independence.
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Yonally: Young Lawyers Section creates connections

December 8, 2010
Amanda Yonally
The Young Lawyer Section of the Indiana Trial Lawyers Association is made up of 250 attorneys who have been practicing law for less than 10 years and who are committed to advancing the mission of the association.
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ISBA seeks mentors

October 27, 2010
Rebecca Berfanger
New program offers 6 CLE credits for yearlong commitment.
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  1. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

  3. The story that you have shared is quite interesting and also the information is very helpful. Thanks for sharing the article. For more info: http://www.treasurecoastbailbonds.com/

  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

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