In This Issue of Indiana Lawyer

NOV. 13-26, 2019

What's it like to practice law with your family by your side? Five sets of Hoosier family practitioners share their experiences. The lawyer population is growing nationwide and in Indiana, but there might not be enough room for everyone. And Hoosiers facing foreclosure now have another avenue for help thanks to the Indiana Supreme Court and the Indiana Bar Foundation.

Top StoriesBack to Top

Help renewed for Hoosiers facing loss of their home

The Indiana Supreme Court is working to help troubled homebuyers, and possibly prevent another flood of empty houses, by relaunching the Mortgage Foreclosure Trial Court Assistance Project. A $115,000 grant from the Indiana Bar Foundation will provide funding to pay for facilitators to work with borrowers and lenders to try to get them to reach an agreement that will avert a foreclosure.

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Marion Superior reminds lawyers to not monopolize hearings

Indianapolis attorney Fred Pfenninger is baffled and slightly miffed about the Marion Superior Court imposing a limit of roughly 15 cases per law firm per supplemental hearing. But James Joven, presiding judge of the Civil Term for Marion Superior Courts, said the limitation on the number of filings has been in place for several years.

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Honoring the honorable: Marshall added, Dred Scott author removed from Southern District mural

Chief Justice Roger B. Taney, arguably best known for authoring the notorious 1857 majority opinion in Dred Scott v. Sanford, used to be featured in an Indiana Southern District Court mural. But his name was recently replaced with “Marshall,” representing longest-serving Chief Justice John Marshall and Associate Justice Thurgood Marshall, the court’s first African-American justice.


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FocusBack to Top

Through the eyes of an immigrant

Mohamed Arafa has called Indianapolis his home since 2009, when he moved here to pursue a Doctor of Juridical Science degree from Indiana University Robert H. McKinney School of Law. Now an adjunct professor at IU McKinney, Arafa still sees America through the eyes of an immigrant.

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Durham: Preparing H-1B visa petitions in light of the culture of ‘no’

The H-1B may be one of the most well-known, and perhaps most desired, temporary employment visa classifications sought by US employers and foreign national students and professionals. Unfortunately for employers, a culture of “no” has taken hold at USCIS, risking employers’ ability to use the H-1B visa to fill critical positions and retain key foreign national employees.

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OpinionBack to Top

Murtaugh: I endured the pain of depression then stole my joy back

On a Sunday, two days before the submission deadline for this article, I went to a coffee shop to start my writing process. I was really struggling with my depression. Because I was suffering, I had a need to use that time to journal. I needed to write down what I was feeling to try to get some relief. So, that is what I have to share with you this time.

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Parrish: Students find clerkships in smaller counties rewarding

This summer’s Rural Justice Initiativesought to expose students who are committed to public service to different facets of rural and smaller-city practice while helping trial court judges with their heavy workloads in counties where that help is needed most. The goal was to underscore to students the benefits of clerking after graduation, to help improve access to courts and expand legal services, and to inspire some students to consider pursuing careers in rural Indiana.

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Bar AssociationsBack to Top

DTCI: Using Misuse as a Defense

Indiana’s state and federal courts have long held that the incurred risk and product alteration defenses under Indiana’s Product Liability Act (IPLA) constitute “complete defenses.” But applying the misuse doctrine, particularly as a complete defense, is nuanced and requires a more thorough understanding of Campbell Hausfeld/Scott Fetzer v. Johnson and related law than the headlines might suggest.

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DTCI: Limited Recovery for the Uninsured Plaintiff

The law limits an uninsured person’s recovery to economic damages when an insured driver is at fault. Insurance companies are actually prohibited from paying noneconomic damages to uninsured claimants who have had a financial responsibility citation within the previous five years.

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DTCI: Young Lawyers Step Up

The September community service event at Gleaners Food Bank of Indiana was hosted by the Young Lawyers Committees of DTCI and ITLA. Six DTCI members and two ITLA members attended.

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