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Pence restarts probate code study committee

March 24, 2016
IL Staff
Gov. Mike Pence on Wednesday signed a bill re-establishing the Probate Code Study Commission that was terminated along with multiple other interim legislative committees in 2014.
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Justice Department announces charges in dam cyberattack

March 24, 2016
 Associated Press
Seven hackers tied to the Iranian government were charged Thursday in a series of punishing cyberattacks on a small dam outside New York City and on dozens of banks — intrusions that reached into American infrastructure and disrupted the financial system, federal law enforcement officials said.
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ADA claims against St. Joseph County courts fail in 7th Circuit

March 24, 2016
Scott Roberts
The 7th Circuit Court of Appeals upheld summary judgment for the St. Joseph County court system in a case involving accessibility of the St. Joseph County Courthouse and the Mishawaka County Services Building. The court said many of the plaintiffs’ claims lack standing, while others failed to raise genuine disputes of material fact.
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COA changes sentence for drunk woman who hit a man with her car

March 23, 2016
Scott Roberts
The Indiana Court of Appeals ruled the sentence given to a woman who hit a man with her car and killed him while driving drunk was too harsh and took two years off it. However, the COA upheld all other parts of her conviction.
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VW said to risk missing court deadline for diesel accord

March 23, 2016
 Bloomberg News
Volkswagen AG will probably miss a Thursday court deadline to reach a comprehensive agreement with U.S. authorities over its tainted diesel engines, possibly exposing the carmaker to daily fines and other sanctions.
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Jury rules ex-Anderson mayor improperly fired workers

March 23, 2016
 Associated Press, IL Staff
A federal jury has found that 11 people were improperly fired from their Anderson city government jobs after a new mayor took office.
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Truck drivers sue Celadon over wages, employment status

March 23, 2016
Indianapolis Business Journal, Scott Olson
Three former drivers for Celadon Group are suing the Indianapolis-based trucking company, claiming it violated state and federal laws by hiring them as independent contractors and unlawfully withholding portions of their wages.
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Morgan County sued over death of jail inmate

March 23, 2016
Dave Stafford
The estate of a woman who was found dead in a Morgan County Jail cell after jail staff allegedly knew she required medical attention has filed a federal wrongful death suit against the sheriff, jail staff and contracted health care providers.
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COA affirms estate no longer has interest in property

March 23, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a motion to dismiss as well as a motion for summary judgment after a woman sued an estate that no longer has interest in a property because that interest had passed to another person.
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7th Circuit affirms $34.2M in fraudulent transfer case

March 23, 2016
Scott Roberts
The 7th Circuit Court of Appeals upheld a ruling from the Southern District of Indiana that a company needs to pay $34.2 million for a crop-insurance business it bought and later sold to other companies it also controlled.
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Man on death row loses habeas petition before 7th Circuit

March 23, 2016
Scott Roberts
The 7th Circuit Court of Appeals upheld rulings lifting a stay on a man’s habeas corpus petition and dismissing his claims after the appellate court held his claims could be decided based on the state-court record.
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FBI official: Time needed to know if phone can be unlocked

March 23, 2016
 Associated Press
It will take at least two weeks to know whether an alternate method will unlock an encrypted iPhone used by one of the San Bernardino attackers, the head of the FBI's Los Angeles office said Tuesday, adding that federal investigators think they have "a good shot."
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Study shows ‘problematic’ alcohol use by attorneys

March 23, 2016
Scott Roberts
A new study completed by the American Bar Association Commission on Lawyer Assistance Programs and the Hazelden Betty Ford Foundation has given some much needed data on lawyers struggling with substance abuse and depression.
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Ruling ends statute of repose for some asbestos cases

March 23, 2016
Scott Roberts
The Indiana Supreme Court’s ruling that the statute of repose does not apply in prolonged asbestos cases could open the door for more cases to be filed, two Indianapolis attorneys said. However, they were split if the decision was the right one.
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Illustrating Indiana legal history

March 23, 2016
Marilyn Odendahl
Courtroom artists have provided the images that go along with some of the most famous events in legal history. When judges prohibit cameras and video equipment at trials and hearings, television stations and newspapers turn to artists to provide the visuals.
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Disputes increase over who’s an employee and who’s an independent contractor

March 23, 2016
Marilyn Odendahl
Independent contractors have long been a part of the workforce. However, with the rise of on-demand service providers who run their businesses almost solely with independent contractors, closer scrutiny is being paid to what, exactly, these workers are in the new “gig economy.”
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Legislators bet on fantasy sports

March 23, 2016
Scott Roberts
With figures that say between 500,000 and 1 million Hoosiers play daily fantasy sports, state legislators decided now was the time to regulate the growing industry before it got too big.
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Rewriting discipline rules for Indiana attorneys

March 23, 2016
Dave Stafford
The Indiana Supreme Court Disciplinary Commission would be limited to a one-year period of internal investigation of lawyers under a key change in an overhaul of rules governing attorney discipline.
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Southern District launches initiative to help pro se litigants

March 23, 2016
Marilyn Odendahl
In response to a series of cases remanded from the 7th Circuit Court of Appeals, the Southern District of Indiana is attempting to recruit more volunteer attorneys and, in what one observer called a “very progressive” approach, enlist medical professionals to offer expert testimony.
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Tangling with tech companies’ move into legal services

March 23, 2016
Marilyn Odendahl
A recent American Bar Association resolution on regulating non-traditional legal services providers coupled with a pilot project with Rocket Lawyer has stirred opposition among bar associations.
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Inside the Criminal Case: When your client is speaking to others

March 23, 2016
James Bell, K. Michael Gaerte
“Say nothing.” This advice seems simple enough, but any attorney with a few years under his or her belt knows that the advice is often not heeded.
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Waterfill: EEOC alleges gender discrimination in 2 suits

March 23, 2016
Mark Waterfill
In light of development in gender discrimination cases, what should wise employment counsel advise clients to do?
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Art project seeks images of Indiana’s courthouses

March 23, 2016
Scott Roberts
A project by the Indiana State Bar Association and currently on display at Conner Prairie seeks to highlight the beauty of Indiana’s courthouses, which are not only the centers of law, but focal pieces for small town centers.
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Editorial: Rule changes still lack needed transparency

March 23, 2016
IL Staff
A proposed overhaul of Admission and Discipline Rule 23 contains some good ideas among the 108 pages of side-by-side comparisons of the old and the new. But the proposals would do little to deprogram the Supreme Court Disciplinary Commission’s culture of confidentiality or boost public confidence in the agency that polices Indiana attorneys.
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Federal Bar Update: Offers of judgment and class actions

March 23, 2016
John Maley
The U.S. Supreme Court recently held that an unaccepted offer of judgment under Rule 68 does not moot a class representative’s claim, even when the offer is made prior to class certification.
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  1. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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  4. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  5. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

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