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Support strong for treatment instead of incarceration in the DOC

December 18, 2013
Marilyn Odendahl
David Powell, executive director of the Indiana Prosecuting Attorneys Council, strongly believes that addressing drug dependency and mental health issues can reduce the state’s recidivism rate and, in turn, lower the crime rate.
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Criminal code overhaul shifts focus to sentencing

December 18, 2013
Marilyn Odendahl
The exploding prison population was a key motivator for revising the state’s criminal code, but an independent research group has concluded the new statute will cause a quicker increase in the number of inmates.
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Lawyers help make holiday season bright for those in need

December 18, 2013
Dave Stafford
From toy drives to bell ringing, those in the legal profession volunteer time and money during the Christmas season.
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Global law expert tapped as dean at IU Maurer

December 18, 2013
IL Staff
After a search that lasted more than a year, Indiana University Maurer School of Law has chosen a leading scholar of transnational law as its dean.
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George Rubin's 54 years in law built firm and shaped modern Indianapolis

December 18, 2013
Dave Stafford
Indianapolis was America’s 26th biggest city when George Rubin began his legal career 54 years ago. It’s fair to say Rubin drafted the blueprint that transformed the city into the nation’s 12th largest.
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Timing of wrongful death claim disputed

December 18, 2013
Marilyn Odendahl
In a wrongful-death claim filed nearly five years after a nursing home death, the Indiana Supreme Court is considering whether in instances of fraudulent concealment the two-year limitation clock starts over or if giving plaintiffs “reasonable time” to file is an acceptable standard.
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Southern Indiana commercial litigator to assume top spot in DTCI

December 18, 2013
Marilyn Odendahl
Evansville attorney Jim Johnson always wanted to be a lawyer, but he did not always want to be a leader.
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2013 DTCI amicus report

December 18, 2013
From DTCI
In 2013, the Defense Trial Counsel of Indiana’s Amicus Committee participated in a number of interesting appeals.
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Advocates say justice was delayed, but deal positive for Gingerich

December 18, 2013
Dave Stafford
More than three years after 12-year-old Paul Gingerich was improperly sentenced as an adult to 30 years in prison for his role in a killing, he now has a chance to be free at 18 – an imperfect result, advocates say, that nonetheless might be the best possible under the circumstances.
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DTCI sponsors American Cancer Society Discovery Ball

December 18, 2013
IL Staff
The Defense Trial Counsel of Indiana was a proud sponsor of the American Cancer Society Discovery Ball Nov. 15 through its Joan Fullam Irick Memorial Fund.
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Hammerle On …'Philomena,' 'Nebraska'

December 18, 2013
Robert Hammerle
The unforgettable Judi Dench makes “Philomena” a triumph. Based on a book written by Martin Sixsmith, played here by Steve Coogan, Dench embodies Philomena, an aging Irish woman wrestling with profound regret.
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Technology Untangled: Transfer photos and files between devices with just a bump

December 18, 2013
Stephen Bour
Today we will look at a cross-platform application called Bump.
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Sidebars: Fried chicken stands out at Vincennes eatery

December 18, 2013
Jennifer Lukemeyer, Fred Vaiana
Our trio sauntered over to the Dogwood Barbeque after late-morning court for lunch based upon the recommendation of Knox County Deputy Prosecutor Joe Burton. Joe must like to eat because this buffet-style restaurant serves up massive quantities of food for a reasonable price.
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Bell/Gaerte: 3 things to know about confidentiality

December 18, 2013
James Bell, K. Michael Gaerte
While social media has not mandated the creation of new ethical guidelines, it does make it easier to commit an ethical foul.
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Federal Bar Update: Rule 45 amendments on subpoenas took effect Dec. 1

December 18, 2013
John Maley
Amendments took effect Dec. 1 to Rule 45 of the Federal Rules of Civil Procedure. Also, amendments took effect to several of the Southern District of Indiana’s Local Rules.
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IndyBarApplication Process for New Attorney ID Cards to Begin Dec. 20

December 18, 2013
From IndyBar
It’s renewal time for City-County Building Attorney Identification Cards, and the process has gone online. Starting Dec. 20, attorneys seeking to renew cards or apply for new cards can do so online at https://www.biz.indygov.org/attorneycards/.
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Fees against IHSAA for unreasonable litigation upheld

December 17, 2013
Dave Stafford
The Indiana High School Athletic Association should pay for its insistence on enforcing rules that courts repeatedly said were arbitrary and capricious, an appeals panel ruled Tuesday.
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Injured worker has to prove company is secondarily liable in workers' comp claim

December 17, 2013
Marilyn Odendahl
The Indiana Court of Appeals split in deciding a workers’ compensation claim concerning who had the burden to prove whether the true value of work exceeded $1,000 and, therefore, triggered secondary liability.
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Reversal: Insurer had duty to provide dental office full coverage

December 17, 2013
Dave Stafford
An insurer that for decades wrote policies for a dental office had a special duty to advise the office about coverage and ensure the office was fully covered, the Indiana Court of Appeals ruled Tuesday in reversing summary judgment in favor of the insurer.
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Supreme Court revives Rockport plant proposal

December 17, 2013
Dave Stafford
The Indiana Supreme Court revived a controversial state-backed deal that would facilitate construction of a $2.7 billion coal-using synthetic natural gas plant in Rockport. The decision likely sets up another round of state regulatory review if developers choose to move forward.
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Hamilton and Shepard emphasize the importance of civic education

December 16, 2013
Marilyn Odendahl
Former Indiana congressional representative Lee Hamilton warned attorneys and advocates of civic education that unless citizens uphold their responsibilities and duties, democracy will not prevail.
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Judge sets January hearing in Marion County judicial slating suit

December 16, 2013
Dave Stafford
A federal judge has summoned attorneys for Gov. Mike Pence, Indiana Secretary of State Connie Lawson and members of the Indiana Election Commission to a pretrial conference in a lawsuit challenging the way Marion Superior judges are elected.
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Global law expert tapped as dean at IU Maurer

December 16, 2013
Marilyn Odendahl
After a search that lasted more than a year, Indiana University Maurer School of Law has chosen a leading scholar of transnational law as its dean.
More

Court erred, twice rejected settlement in covenant case

December 16, 2013
Dave Stafford
A trial court erred in denying a homeowners association’s request for an injunction against a resident who parked a trailer on her lot. The court then twice rejected joint settlement requests, according to a panel of the Indiana Court of Appeals.
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Indiana disability rights group files complaint against Amtrak

December 13, 2013
Marilyn Odendahl
The Indiana Protection and Advocacy Services Commission has filed a disability discrimination complaint against Amtrak for non-compliance with the Americans with Disabilities Act.
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  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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