Opinion

Patterson: Trial by jury ensures justice for the people

August 24, 2016
As the state of Indiana celebrates its bicentennial year, we should all remember the importance of the right to trial by jury and commit to ensuring that this right remains inviolate.
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Jones/Schocke: What to do about peeping drones

August 24, 2016
The FAA does not appear to be taking a stance on privacy any time soon as they have remarked that the question of privacy should be determined under state law. So where do our state laws stand on privacy issues?
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DeVoe/Escoffery: Acquiring UI accounts in asset purchase deals

August 24, 2016
Although the seller’s Indiana unemployment insurance account may not be the focus of an asset purchase transaction, it is important for the buyer and seller to consider the subject before closing on the purchase.
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Hanson/Eckhart: Class wage-and-hour litigation is an ongoing threat

August 24, 2016
Employers face countless labor and employment challenges every day. Wage-and-hour compliance issues are near the top of that list because employers have experienced an increase in the number of class- and collective-action lawsuits filed against them.
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Hammerle on... 'Indignation,' 'Sausage Party,' 'Bad Moms'

August 24, 2016
Robert Hammerle
Bob Hammerle says "Indignation" should be knocking on the door when Oscar nominations are announced next year.
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Cohen and Mattingly: ESI review protocols: No more shots in the dark

August 10, 2016
Document productions, if done incorrectly, are often overly and underly broad; unnecessarily expensive and inefficient; and potentially damaging. These days if you, knowingly or unknowingly, produce a needle in a stack of hay, it will be (or should be) found.
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Keaton: NIED: Impact, involvement and injury

August 10, 2016
Must a physical injury occur before a plaintiff may recover for negligent infliction of emotional distress? Perhaps not.
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Start Page: Are you (tech) ready for back to school?

August 10, 2016
Seth Wilson
This article offers some ideas to help you use technology to take charge of the back-to-school chaos and make this school year great.
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DTCI: Want to stop the lawyer jokes? Change the perception

August 10, 2016
Matthew King
It troubles me when our profession is reduced to jokes. If the public perception of lawyers perpetuates the jokes and negative portrayals, and if those jokes and portrayals bother us, what can we do to change the public perception?
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Hammerle On…'Captain Fantastic,' 'Star Trek Beyond'

August 10, 2016
Robert Hammerle
Bob Hammerle says "Captain Fantastic" is a creative, daring film that encourages you to think.
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Hammerle On…'The Secret Life of Pets,' 'Hunt for the Wilderpeople,' 'Ghostbusters'

July 27, 2016
Robert Hammerle
Bob Hammerle says "The Secret Life of Pets" will leave a smile on your face.
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Federal Bar Update: Southern District’s local rule on indigent appointments

July 27, 2016
John Maley
Although referred to by some as the “mandatory pro bono rule,” in fact the rule is entitled “Representation of Indigent Litigants,” and is multi-faceted.
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Morris: Indy Legal Aid Society to roast Jim Voyles

July 27, 2016
Greg Morris
I’m taking a break from these two weeks of political conventions and attempting instead to refocus on important local topics. A perfect example is the fun evening coming up to celebrate the 75th anniversary of the Indianapolis Legal Aid Society.
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Making Rain: Change is necessary for firms to survive

July 27, 2016
Dona Stohler
Law firms today must change their approach toward business development and marketing and embrace the change.
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Eichholtz: Effects of opioid overdose on third-party custody issues

July 27, 2016
Opioid and heroin abuse or overdose commonly result in the temporary removal of a child from the custody of her natural parents; prevention of reunification with natural parents; or termination of parental rights. Thus, family law practitioners would be well suited to review the relevant statutes and case law involving custody and third-party custody proceedings, among other things.
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Christensen/Laurin: Should lawyers report child abuse learned in representation?

July 27, 2016
When — if ever — is it appropriate for an attorney to report child abuse learned through client representation? The answer centers on the difference between confidentiality and privilege.
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Technology Untangled: Yes, they really are tracking your every move

July 27, 2016
Stephen Bour
In my last article, I alerted you to some of the issues involving email privacy and encryption. Today’s article will look at another area of concern regarding privacy: smartphone location tracking and activity logging.
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Schocke: The future of the Indiana Medical Malpractice Act

July 13, 2016

With the advent of the new medical malpractice caps, what will be the effect on the volume of malpractice claims? Moreover, will the cap alterations sufficiently protect the act from constitutional challenges?

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Larimore and Riddle: FDA loses a First Amendment challenge

July 13, 2016
Mary Nold Larimore and Nancy Menard Riddle recap exciting developments in drug and device law.
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BGBC: Avoiding potential pitfalls of payroll service providers

July 13, 2016
If you’re an attorney who provides advice to small businesses, it’s not uncommon for a new (or existing) business owner to ask your advice on which payroll service provider to use.
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Inside the Criminal Case: The exclusionary rule is on a losing streak

July 13, 2016
James Bell, K. Michael Gaerte
The latest defeat for the exclusionary rule came in the case of Utah v. Strieff.
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Living Fit: Sharon’s top 5 for getting and staying in shape

July 13, 2016
Sharon McGoff
People from all walks of life transform their health and bodies with one common denominator — they are consistent with the positive changes they make.
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Hammerle on... 'Free State of Jones,' 'The Legend of Tarzan'

July 13, 2016
Robert Hammerle
Bob Hammerle says don't be misled about "The Legend of Tarzan" by critics with a bad attitude.
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Adams: Setting standards for 'silver tsunami' preparedness

June 29, 2016
A popular topic in the media lately is the “silver tsunami” — the huge wave of baby boomers who will leave the workforce in the coming years and become eligible for the senior discount. The legal system needs to prepare today for the influx of issues that will wash ashore.
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Editorial: Modest proposal to state, IBM lawyers: Settle for nothing

June 29, 2016
IL Staff
Six years have passed since Indiana sued IBM over the failed $1 billion contract for the computer giant to modernize a punch-card-era system for determining welfare eligibility. After the contract was famously canceled, IBM blamed the state, the state blamed IBM, and they’ve been fighting in court since.
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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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