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7th Circuit rejects claim that FMLA should be extended to non-eligible employees

May 8, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment for a transportation company on a fired worker’s claims that her termination violated the Americans with Disabilities Act and the Family and Medical Leave Act. The judges didn’t agree with the woman that FMLA protection should extend to non-eligible employees who request leave for future periods.
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7th Circuit: ‘Ransom demand’ requires third-party involvement

May 8, 2013
Jennifer Nelson
In order to enhance a criminal sentence on the basis of a ransom demand, that demand must be conveyed to a third-party, the 7th Circuit Court of Appeals held Wednesday.
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Attorney General touts consumer bills passed in 2013 legislative session

May 8, 2013
Marilyn Odendahl
Indiana Attorney General Greg Zoeller applauded the Legislature on the number of bills it passed this session which, he said, support law enforcement as well as serve and protect the state’s residents.
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Judge grants class certification in BMV lawsuit

May 8, 2013
IL Staff
A Marion Superior Judge ruled last week that a lawsuit brought against the Indiana Bureau of Motor Vehicles for allegedly overcharging drivers may proceed as a class-action lawsuit.
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National fraternity not entitled to summary judgment in wrongful death case

May 8, 2013
Jennifer Nelson
The national organization of a Wabash College fraternity where a freshman pledge died after a night of heavy drinking is not entitled to summary judgment on the student’s parents’ claims arising from his wrongful death, the Indiana Court of Appeals ruled.
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Changes coming to prosecuting attorneys retirement fund

May 8, 2013
Jennifer Nelson
On Tuesday, Gov. Mike Pence signed into law HEA 1057, which will alter the prosecuting attorneys retirement fund to incorporate several features that are found in the 1985 judges’ retirement system.
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Brown County team wins inaugural civic education invitational

May 8, 2013
IL Staff
An Indiana junior high school team has brought home the crown from a newly created civic education competition held in Washington, D.C., May 3 through 7.
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Rockport on the rocks

May 8, 2013
Dave Stafford
The Indiana Legislature leaves the fate of a derided coal gasification plant proposal to justices.
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On the road, jurists give public access to appellate cases

May 8, 2013
Dave Stafford
It’s no accident that on a college campus in Richmond recently, the Indiana Supreme Court heard a case that involves allegations of hazing and potential liability for an incident at a Wabash College fraternity.
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New lawyers find bloom still not on hiring rose

May 8, 2013
Marilyn Odendahl
With headlines still screaming about the glut of lawyers and recent law school graduates struggling to find jobs that will enable them to repay their student loans, Andrea Kochert admits she is probably not the typical law school student.
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Dean's Desk: Legal education is navigating turbulent waters

May 8, 2013
Gary Roberts
On April 24, the McKinney School was privileged to host a plenary session of the American Bar Association Task Force that Randy Shepard is chairing on the future of legal education. It was an eye-opening, interesting and, at the same time, unsettling day.
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Finding a new course for legal education

May 8, 2013
Marilyn Odendahl
ABA task force meets at Indiana University Robert H. McKinney School of Law to solicit ideas for potential changes to how law schools prepare students.
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Close calls, complex cases highlight need for attorney surrogates

May 8, 2013
Marilyn Odendahl
The attorney surrogate rule protects clients when lawyers are suddenly unavailable due to death, disability, disbarment or disappearance.
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Technology Untangled: Display your iPad on the big screen at trial

May 8, 2013
Stephen Bour
The iPad is a convenient and useful personal device for many daily work (and play) activities. However, when it comes time to show what is on your 9.7-inch screen and share it with others, the iPad can use a little help.
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Social media sleuths find evidence, but admissibility requires authentication

May 8, 2013
Dave Stafford
What happens on Facebook stays on Facebook – forever – and attorneys conceivably run into risk if they fail to investigate pertinent posts, a judge suggested during a presentation about social media evidence.
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Taking them at their word

May 8, 2013
Marilyn Odendahl
The work of interpreters is exhausting, but vital to protecting individual rights.
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Indiana Judges Association: Judges need to take control of cultural standing

May 8, 2013
David Dreyer
Have you ever Googled “lawyer dog”? If you do, be prepared to see a limitless line of websites all featuring identical photos of the same canine seated behind his desk, along with various one-liners related to the law, dogs and just silliness.
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Federal Bar Update: Supreme Court takes rare steps on procedural decisions

May 8, 2013
John Maley
With its limited docket, the U.S. Supreme Court rarely decides procedural issues, focusing instead on weighty constitutional issues or resolving split interpretations of federal statutes. This term, however, the Supreme Court has addressed several procedural issues.
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DTCI: As attorneys, conflict is our business

May 8, 2013
From DTCI
This is not a call for more “civility.” To be candid, I have heard that so many times from so many people that it has lost all significance to me.
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Marion County’s Odyssey transition: a tech-free week

May 8, 2013
Dave Stafford
The clerk’s office in Indianapolis’ City-County Building is in the middle of a throwback week, revisiting a simpler time when a hand stamp on paper was all you needed to file court documents. Blame technology.
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Hammerle on ... ‘Mud,’ ‘No’

May 8, 2013
Robert Hammerle
It wasn’t that long ago that I would have given Matthew McConaughey the same chance of receiving an Oscar nomination as the Supreme Leader of North Korea receiving a Nobel Peace Prize. Times haven’t changed on the Korean Peninsula, but they certainly have in Hollywood.
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Chief Justice Roberts says budget cuts translate into judicial furlough and layoffs

May 7, 2013
Marilyn Odendahl
Chief Justice of the United States John Roberts used part of his address to the 7th Circuit to highlight the fiscal constraints judges and courts are facing today.
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7th Circuit reaffirms drug conviction over claims of ineffective counsel

May 7, 2013
Dave Stafford
A man convicted of federal drug charges failed to convince a panel of the 7th Circuit Court of Appeals that his conviction should be vacated due to ineffective assistance of counsel. The court affirmed a conviction from the District Court for the Northern District of Indiana.
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Entering a guilty plea is not a mitigating factor, COA rules

May 7, 2013
Marilyn Odendahl
Although a Shelby County man successfully argued that signing an “Advisement of Rights and Waiver” document did not bar him from appealing his sentence, he failed to convince the Indiana Court of Appeals that the trial court abused its discretion when sentencing him.
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Court erred in barring expert witness in decade-old software suit

May 7, 2013
Dave Stafford
A trial court erred when it excluded the expert testimony of a witness who sought to address damages for a software company whose former employees allegedly violated non-compete clauses.
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  1. I need an experienced attorney to handle a breach of contract matter. Kindly respond for more details. Graham Young

  2. I thought the slurs were the least grave aspects of her misconduct, since they had nothing to do with her being on the bench. Why then do I suspect they were the focus? I find this a troubling trend. At least she was allowed to keep her law license.

  3. Section 6 of Article I of the Indiana Constitution is pretty clear and unequivocal: "Section 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution."

  4. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  5. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

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