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Attorney wins by wide margin to be next Indianapolis mayor

November 4, 2015
 Associated Press
Democrat Joe Hogsett was elected to become the 49th mayor of Indianapolis, cruising to an easy victory on a Tuesday election night that overwhelmingly favored incumbent mayors in other big cities across Indiana.
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Falcon: Are no-damage-for-delay clauses enforceable?

November 4, 2015
When the enforceability of a no-damage-for-delay clause is litigated in Indiana, practitioners commonly rely on the treatment of certain exceptions in other jurisdictions, while conceding that Indiana’s courts have not definitively weighed in. But is that position entirely accurate?
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Sweeping changes in HOA laws aim for dispute resolution and transparency

November 4, 2015
Dave Stafford
Condo conflicts and HOA hostilities can often result in lawsuits and sometimes incredulous headlines. Lawyers have seen disputes arise over everything from where bikes can be stored to whether a condo owner could install hardwood floors.
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Reddick and Law: TIF financing and public-private partnerships on the rise

November 4, 2015
As the state of Indiana continues to search for new and innovative ways to recruit businesses to the area and create more jobs, the use of creative financing incentives such as tax increment financing and public-private partnerships, or P3s, has continued to be essential to development.
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Attorneys say juggling work and parenthood is worth the effort

November 4, 2015
Marilyn Odendahl
Figuring out how to balance the demands of practicing law with the needs of a family is a struggle that female attorneys have long faced, but increasingly male attorneys also want to be able to take time for their families.
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A growing advantage to the law school degree

November 4, 2015
Marilyn Odendahl
Well-documented changes in the legal profession since the economic recession are sending a small but growing number of law school graduates down a new career path toward companies that want employees with juris doctorates but do not involve the practice of law.
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Bar associations work hard to show young lawyers the benefits of membership

November 4, 2015
Marilyn Odendahl
Organizations are working hard to welcome, attract and retain the young professionals because this new group shows little inclination to joining. Bar associations, like associations in different industries, are seeing millennials shy away from being part of an organized group.
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Anderson estate attorney's alleged thefts may top $500,000

November 4, 2015
Dave Stafford
Sarah Wilding wanted her church in Anderson to receive the bulk of her estate when she died in April 2012. The church is still waiting, and so are other beneficiaries who lost hundreds of thousands of dollars to a lawyer accused of plundering their estates.
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Figuring out flat fees

November 4, 2015
Dave Stafford
A recent Indiana State Bar Association Legal Ethics Committee opinion says lawyers who charge clients flat fees considered earned on receipt shouldn’t deposit the fees in their Interest on Lawyer Trust Account, but should put the money in the firm’s operating account. Some lawyers aren’t convinced this makes sense.
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Bell/Whelan: 3 things to know about reporting ethics violations

November 4, 2015
James Bell, Jessica Whelan
If you’re like us, you’re a lawyer who enjoys giving advice to others. As attorneys who represent other attorneys in disciplinary matters, we often receive requests to give ethics advice to lawyers. As luck would have it, we like lawyers and generally enjoy giving advice to lawyers when we can.
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State funds for felon treatment programs start flowing

November 4, 2015
Marilyn Odendahl
The Indiana Department of Correction has begun disbursing $5 million in new state funding meant to help local communities provide treatment and rehabilitation programs for low-risk offenders.
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Talks continue toward compromise med-mal reform deal

November 4, 2015
Dave Stafford
With medical errors on the rise in Indiana and many states ruling caps on malpractice damages unconstitutional, plaintiff and defense lawyers and state officials continued to negotiate behind the scenes toward compromise legislation that could increase Indiana’s $1.25 million cap on medical malpractice awards.
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Start Page: 3 reasons to consider using an Apple Watch

November 4, 2015
Seth Wilson
Lawyers need help managing the massive amounts of information we process on a daily basis. Wearable devices can help weed through the noise and filter the most important information to you when and where you need it.
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Mellowitz: Judges should not ignore discovery violations

November 4, 2015
After 27 years in the trenches of civil litigation, most on behalf of injured plaintiffs, it is still shocking to see the blind eye that some judges turn toward even the most egregious violations of the discovery rules.
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DTCI: Sealing confidential terms of compromise

November 4, 2015
From DTCI
Recently, a colleague and I were faced with the following issue in a wrongful death action after resolving all claims at mediation: Is an Indiana trial court permitted to seal and/or prevent public access to records required to be filed with the court related to the compromise of a plaintiff’s claim that include or otherwise identify confidential terms of the resolution?
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Hammerle on ... 'Bridge of Spies,' 'Freeheld'

November 4, 2015
Robert Hammerle
Hammerle says "Bridge of Spies" embodies every criminal defense lawyer's motto, "You brought the charge, now prove it!"
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Thompson: Advice to myself when I was a young lawyer

November 4, 2015
After a spirited conversation with colleagues about the opportunity to time travel, I posed the discussion topic, “If you had the opportunity to travel back in time and talk with your younger self as a new attorney, what advice would you share about life as a lawyer?”
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Jones: A millennial’s take on political involvement

November 4, 2015
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US said to tap ex-bank lawyer for compliance job

November 3, 2015
 Bloomberg News
Big banks that say the U.S. doesn’t understand how tough it is to comply with everything from anti-bribery to antitrust laws are about to gain an ear inside the Justice Department: a former compliance chief from Standard Chartered Bank PLC.
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IU honors law professor and former chancellor Gerald Bepko

November 3, 2015
Marilyn Odendahl
Indiana University Robert H. McKinney School of Law professor and former dean Gerald Bepko has received one of the university’s highest honors for his service.
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Supreme Court justices hint they may limit consumer lawsuits

November 3, 2015
 Bloomberg News
A divided Supreme Court of the United States indicated it may put limits on consumer lawsuits, questioning arguments by a man seeking to sue over what he says is an error-riddled Internet profile.
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Federal jury to settle bitter battle between corn syrup, sugar

November 3, 2015
 Associated Press
Big Sugar and Big Corn face off in federal court in Los Angeles this week in a bitter, multibillion-dollar battle of sweeteners that boils down to a mix of science, semantics and marketing.
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SCOTUS to hear law student's redistricting case

November 3, 2015
 Associated Press
Two things set first-year law student Stephen Shapiro apart from his classmates at American University in Washington. At 55, he’s old enough to be a father to most of his classmates. And on Wednesday, a lawsuit he filed will be heard by the Supreme Court of the United States.
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Supreme Court troubled by DA's rejection of black jurors

November 3, 2015
 Associated Press
The Supreme Court of the United States appears troubled by the actions of a Georgia prosecutor in disqualifying all the black prospective jurors from the death penalty trial of a black teenager who was accused of killing an elderly white woman.
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Ready for ‘Love your Lawyer Day’?

November 3, 2015
IL Staff
Nov. 6 is National Love Your Lawyer Day, an occasion to celebrate attorneys for the good work they do, often without thanks, according to the American Lawyers Public Image Association.
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  1. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  2. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  3. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  4. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  5. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

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