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COA considers new allegations in medical malpractice cases

February 8, 2017
Olivia Covington
Can parties present evidence or theories at trial that were not presented to the medical review panel?
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After heartbreak, tech startup maintains focus on case management software

February 8, 2017
Marilyn Odendahl
Case Pacer, launched in 2013, continues to move forward and grow after the death of its founder, Kevin McCarthy and sales representative, Casey Speckman, in an car crash last year. It expects to double in size within the next year.
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Borissov: Broadband access in rural areas and mandatory e-filing

February 8, 2017
Would I welcome mandatory e-filing with such open arms if I practiced in a small town or rural area in Indiana, as many of our distinguished colleagues do, where access to broadband is limited?
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Birth certificate battle moves to 7th Circuit

February 8, 2017
Marilyn Odendahl
The new Indiana administration does not want to recognize non-birth mothers as parents.
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Indiana Bar Foundation gets help in Statehouse

February 8, 2017
Marilyn Odendahl
A Barnes & Thornburg lobbyist is advocating for the organization as well as promoting access to justice.
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Lawyers who sought to destroy stored newborn samples vow to keep up fight

February 8, 2017
Dave Stafford
The Indiana State Department of Health says it holds 2.2 million records on paper and in database regarding the newborn blood samples.
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Indiana Judges Association: Presidential inaugurations show judicial power

February 8, 2017
David Dreyer
United States Chef Justice John Roberts administered the oath of office for President Donald Trump on Jan. 20. There is no law or provision indicating who shall give the presidential oath.
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BGBC: A closer look at the GOP proposal for corporate tax reform

February 8, 2017
The Republican blueprint believes that the current corporate tax structure encourages businesses to move money overseas.
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Asian attorneys less represented in Indianapolis than nationwide

February 8, 2017
Olivia Covington
In the post-recession economy, Asians were the only minority group to experience constant growth in partner and associate positions at large law firms each year, while black and Hispanic attorneys followed a roller coaster-like cycle of growth and decline. However, the situation is less promising for Asian attorneys in Indianapolis.
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Supreme Court reverses CHINS determination

February 7, 2017
Olivia Covington
The Indiana Supreme Court reversed a children in need of services determination Tuesday after agreeing to hear the parents’ case on the merits, despite their premature notices of appeal.
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Senate passes anti-indemnification clause bill

February 7, 2017
Olivia Covington
The Indiana House of Representatives will soon consider a bill that, if passed, would prohibit attorneys from including malpractice indemnification clauses in their attorney-client agreements.
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Groth asks Supreme Court to order release of Pence emails

February 7, 2017
 Associated Press, IL Staff
An Indianapolis lawyer is asking the Indiana Supreme Court to order the release of emails sent to Vice President Mike Pence when he was governor.
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Indicted Indiana sheriff seeks removal of special prosecutor

February 7, 2017
 Associated Press
A northern Indiana sheriff's trial on bribery charges was postponed on the day it was to begin after his attorney questioned whether the special prosecutor should be removed from the case.
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Melania Trump says White House could mean millions for brand

February 7, 2017
 Associated Press
First lady Melania Trump has said little about what she intends to do with her prominent position. But in new court documents, her lawyers say that the "multi-year term" during which she "is one of the most photographed women in the world" could mean millions of dollars for her personal brand.
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COA affirms summary judgment against Celadon in class action

February 7, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed summary judgment against a prominent trucking company in a class-action lawsuit, holding that the terms of the company’s contract with its independent drivers require the company to deduct the cost of fuel from their compensation based only on the lowest discounted price.
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COA: Declaratory judgment, tort actions can arise from same occurrence

February 7, 2017
Olivia Covington
A declaratory judgment action can arise from the same occurrence as an underlying tort action for purposes of permissive joinder under Trial Rule 20, the Indiana Court of Appeals held Tuesday. The judges affirmed the denial of a request to sever two tort counts from a count seeking declaratory judgment.
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ABA bar exam standard fails

February 7, 2017
IL Staff
The American Bar Association House of Delegates rejected a proposal to link law school accreditation to higher bar passage rates.
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Hate crime bill advances in Indiana Legislature

February 7, 2017
 Associated Press
Legislation targeting hate crimes is advancing in Indiana, one of five states without such a law.
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Citizens United lawyer Bopp targets Texas campaign finance laws

February 7, 2017
 Associated Press
Political “dark money” and the founder of an organization tied to President Donald Trump’s accusations of voter fraud will be at the center of a Texas Supreme Court case Tuesday that could reshape campaign finance laws in the country's second-largest state.
More

State, federal lawyers in court to argue Trump travel ban

February 7, 2017
 Associated Press
State and federal lawyers will argue before a panel of federal appellate court judges in San Francisco Tuesday in the pitched fight over President Donald Trump’s travel and refugee ban that could reach the Supreme Court.
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Spencer man pleads guilty in abduction, slaying of toddler

February 6, 2017
 Associated Press
Court records show a southern Indiana man has agreed to plead guilty to the murder and kidnapping of a 1-year-old girl under a deal in which prosecutors would dismiss other charges including rape and child molesting.
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Reversal: ‘Odor of raw marijuana’ sufficient grounds for search

February 6, 2017
Dave Stafford
A police officer who said he detected “a strong odor of raw marijuana” coming from a car during a traffic stop had probable cause to search the driver, the Indiana Court of Appeals ruled in reversing a trial court.
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Tax court judge rejects request to compel further discovery

February 6, 2017
Olivia Covington
After previously allowing the deposition of the former commissioner of the Indiana Department of State Revenue, the Indiana Tax Court rejected the University of Phoenix’s requests to compel further discovery, writing that the additional discovery likely would not reveal admissible evidence.
More

COA: Malpractice claim barred by statute of limitations

February 6, 2017
Olivia Covington
The Indiana Court of Appeals has rejected a woman’s malpractice claim after holding that the claim was barred by a two-year statute of limitations.
More

Tax Court reverses educational property tax exemption

February 6, 2017
Olivia Covington
The Indiana Tax Court has reversed an educational property tax exemption for a Carmel day care after finding that the land’s owner failed to properly compare the total time the property was used for educational purposes against the total time the day care utilized the land.
More
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  1. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  4. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

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