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Court finds facilities have immunity in suit over detention

November 20, 2013
Jennifer Nelson
The three unidentified entities involved in the detention of a Bloomington man for several days after he refused in-patient treatment for alcoholism are entitled to immunity in his lawsuit alleging medical malpractice, the Indiana Court of Appeals ruled Wednesday.
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Neighbors entitled to 12-foot strip of land under doctrine by acquiescence

November 20, 2013
Jennifer Nelson
In a dispute between longtime neighbors over use and ownership of a strip of land, the Indiana Court of Appeals affirmed summary judgment for one set of neighbors based on the doctrine of title by acquiescence.
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Indiana House speaker outlines agenda for 2014 legislative session

November 20, 2013
IL Staff
Addressing the Indiana House of Representatives, Speaker Brian Bosma encouraged legislators to move forward with the new criminal code and to provide the funding for community corrections programs.
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COA: Possession of syringe doesn’t support conviction

November 20, 2013
Jennifer Nelson
Because the state did not introduce evidence that a man intended to use a syringe found in his pocket after being stopped by police to inject a controlled substance into his body, his conviction for Class A misdemeanor possession of paraphernalia must be reversed, the Indiana Court of Appeals concluded.
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Court warns about improper use of address

November 20, 2013
IL Staff
The United States Bankruptcy Court for the Southern District of Indiana has a message for attorneys: Do not refer to its post office box address in filer-generated notices.
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JPMorgan enters into $13B settlement with states, federal government

November 20, 2013
IL Staff
JPMorgan has agreed to pay a record $13 billion to settle federal and state civil claims arising out of its packaging, selling, marketing and issuance of residential mortgage-backed securities, the Department of Justice announced Tuesday.
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Wood breaks gender barrier on the 7th Circuit

November 20, 2013
Dave Stafford
Diane P. Wood’s first day as the first female chief judge of the 7th Circuit Court of Appeals also was the first day of the recent government shutdown.
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Attorneys find a sweet life with bees

November 20, 2013
Emily Hinkel
People are often unashamedly partial to their pets, even if many outsiders find those pets less than lovable. At Indianapolis law firm Plews Shadley Racher & Braun LLP, a small knot of attorneys share a common affection for a creature generally unwelcome in most circles – the honeybee.
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Indiana inventors tell Maurer students about challenging big business in federal court

November 20, 2013
Marilyn Odendahl
Speaking recently to a group of students at Indiana University Maurer School of Law, Lebanon inventor Larry Durkos and his son, Duane, told their story of battling the biggest giant in the bedding industry and winning.
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'Contraception mandate' goes before SCOTUS

November 20, 2013
Dave Stafford
A Madison family business is at the forefront of a legal challenge the Supreme Court of the United States will conference over Nov. 26 – whether the Patient Protection and Affordable Care Act “contraception mandate” violates the religious liberties of company owners whose faith proscribes birth control.
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Lawyers want to settle tainted medication suit

November 20, 2013
Marilyn Odendahl
The product-liability litigation arising from the outbreak of fungal meningitis across the United States that infected nearly 100 Hoosiers has become mixed with a bankruptcy, a possible criminal investigation and a desire by plaintiff attorneys to reach a settlement soon so their clients can get restitution.
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Gibson: Managing drug and medical device mass-tort litigation

November 20, 2013
A common mistake is the belief that a mass tort and a class action are interchangeable terms. While the paths of class actions and mass torts may cross, they are separate and distinct legal proceedings.
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Plain English to arrive in legal briefs near you

November 20, 2013
Holly Wheeler
Ask lawyers or law professors to describe legal writing, and some of the adjectives used include: stuffy, convoluted, long-winded, confusing, expletive and pompous. Comparisons to the court case in Charles Dickens’ “Bleak House” and William Faulkner’s book “The Sound and the Fury” are also made.
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Renowned defense expert to lead Valparaiso Law School

November 20, 2013
Marilyn Odendahl
Valparaiso University has tapped a capital defense attorney and academic clinician to lead the law school, underscoring the growing importance of hands-on training in legal education.
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Marion Superior Judge Brown’s discipline case likely one for the record books

November 20, 2013
Dave Stafford
The 47-count case against a Marion Superior judge appears to be the most voluminous judicial discipline proceeding in the state’s history, according to people familiar with the case and matters of judicial discipline.
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Fostering cooperation between Indiana legal service providers

November 20, 2013
Marilyn Odendahl
The Indiana Supreme Court has formed a new commission to address the problem of Indiana residents who cannot afford legal services. But rather than giving attention to the clients, this group will focus on the nonprofit agencies that provide the assistance.
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Indiana Judicial Nominating Commission vote extended

November 20, 2013
Dave Stafford
Two Indianapolis attorneys – Barnes & Thornburg LLP partner Jan Carroll and Lee Christie, partner with Cline Farrell Christie & Lee – will have to wait a bit longer to find out who their peers elect to serve on the Indiana Judicial Nominating Commission.
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Hammerle on…'12 Years a Slave,' 'Thor: The Dark World' and 'All is Lost'

November 20, 2013
Robert Hammerle
Bob Hammerle says forget what the critics say, "Thor: The Dark World" is a rollicking fun time.
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Bell/Gaerte: 3 things to know about criticizing judges

November 20, 2013
James Bell, K. Michael Gaerte
The case of In the Matter of T.D., --- N.E.2d ----, 71S00-1104-DI-196 (Ind. Oct. 8, 2013), provided guidance to attorneys about judicial criticism.
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DTCI: Don’t miss the 2013 annual meeting in Michigan City

November 20, 2013
From DTCI
This year the DTCI Annual Meeting will be held at the Blue Chip Casino in Michigan City. The conference begins at 10 a.m. Thursday, Nov. 21, and continues through 5 p.m. on Friday, Nov. 22. If you have not yet registered to attend, I strongly encourage you to pack your suitcase with casual clothes (and a little extra green for the casino) and head north to get all the CLE you need for the year at one conference for the reasonable price of $299.
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Living Fit: ISBA ‘buddies’ with attorneys to stay fit during the holidays

November 20, 2013
Sharon McGoff
This year, do something different! Your Indiana State Bar Association has launched the Maintain No Gain Buddy Campaign. This is your chance to stay healthy during the holidays, maintain your current weight, receive daily health tweets from me to keep you going, and win a Fitbit Pedometer.
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Appeals court affirms molester’s conviction, splits on probation restriction

November 19, 2013
Dave Stafford
A man’s 15-year executed prison sentence for a conviction of child molesting was affirmed by a Court of Appeals panel Tuesday, but one judge found the conditional probation restrictions on activities involving children unconstitutionally vague.
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Justices reinstate case dismissed over service questions

November 19, 2013
Dave Stafford
The Indiana Supreme Court reversed dismissal of a case because of questions about whether a defendant had properly been served notice.
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US Supreme Court takes pass on cyberspying petition

November 19, 2013
Marilyn Odendahl
Although the Supreme Court of the United States decided Monday, not to consider a petition challenging the legality of the National Security Agency’s surveillance activities, one cybersecurity expert at IU expects the issue will eventually come before the nine justices.
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Taft announces merger, enters Chicago market

November 19, 2013
Dave Stafford
The Midwest legal firm Taft Stettinius & Hollister LLP will enter its largest market, announcing Tuesday its merger with a 70-lawyer Chicago firm.
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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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