Focus

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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Wind energizing state

September 15, 2010
Rebecca Berfanger
Taking a drive on Interstate 65 just north of Lafayette, it’s hard to miss the many wind turbines along the highway. As wind power continues to gain momentum in Indiana, and as more counties change their zoning ordinances to include wind turbines, this will likely be a sight in more counties, especially in the northern part of the state.
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Appellate courts address estate tax, trust division regarding adoptions

September 1, 2010
Rebecca Berfanger
As adoptions have become more common and more accepted for expanding the family tree, courts have had to address some legal matters clarifying those familial ties.
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Navigating the patent process

July 7, 2010
Michael Hoskins
Attorneys in the intellectual property arena waited for “the case” to come down during the past year, but what they got June 28 was anything but the landmark decision so many lawyers expected.
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What's a patent worth?Restricted Content

July 7, 2010
Rebecca Berfanger
The question of “What is my patent worth?” is never an easy one to answer, according to intellectual property attorneys and others who specialize in helping patent holders determine what they should expect for a patent.
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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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