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Firms cite 1851 law in Missouri boat accident, seek mediation

Two companies facing multiple lawsuits over a summer tourist boat accident in Missouri that killed 17 people have invoked an 1851 law that allows vessel owners to try to avoid or limit legal damages as they also seek settlement negotiations with victims’ family members. But Tia Coleman, an Indianapolis woman who survived the accident, and lawyers for others whose family members died denounced the filing as callous and insulting.

Valpo Law reaches agreement to transfer to Tennessee

Valparaiso University Law School is one step closer to leaving Indiana. The governing boards for Middle Tennessee State University and Valparaiso University have both endorsed the transfer of the 139-year-old law school from northwest Indiana to the Murfreesboro campus, according to an Oct. 10 press release from MTSU. Now the proposal goes to the Tennessee […]

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Judges, lawyers bemoan political nature of Kavanaugh hearings

Ask any constitutional scholar whether the process of confirming Justice Brett Kavanaugh to the Supreme Court played out as was constitutionally intended, and the answer will likely be “no.” Federal judges and practicing lawyers agree: regardless of your politics, the animosity that exploded in the Senate over the last month was not what the Framers had in mind.

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Lake County paying $185K to settle sexual harassment lawsuit

Lake County has agreed to pay $185,000 to settle a sexual harassment lawsuit filed against the northwestern Indiana county’s recorder. Taxpayers will finance the payment to Estela Montalvo,  the former part-time recorder’s office employee who sued recorder Michael B. Brown and the county in federal court last year, alleging sexual harassment.

Diversity, mental health CLEs divide ISBA House of Delegates

The 2018 Indiana State Bar Association annual meeting began last week with an intense debate in the House of Delegates over a proposal designed to make a statement about the bar’s position on hot-button topics: should attorneys be required to attend CLE programs about diversity and mental health issues?

DTCI: Handling Depositions Like A Pro

It’s no secret that depositions can make or break your defense. A discovery deposition is generally your one and only chance to learn what a witness knows and what they might say at trial. Failing to take advantage of this tool can lead to big consequences down the road, whether at trial or in a dispositive or other motion.

Valpo transfer plans nixed by Tennessee Higher Ed Commission

In an 8-5 vote Monday, the Tennessee Higher Education Commission rejected the proposal to transfer Valparaiso Law School to Middle Tennessee State University. The commission’s denial ends the work the two schools started in November 2017 to move the northwest Indiana law school to Murfreesboro, Tennessee.

Opinions Oct. 15, 2018

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Friday:
Vicki Barbera v. Pearson Education, Inc.
18-1085
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms the district court’s decision to overrule Vicki Barbera’s objection to a magistrate’s order that Pearson Education, Inc. could not dispute Barbera’s description of a missing email chain and the grant of summary judgment to Pearson on Barbera’s severance pay discrimination claim. Finds the magistrate judge did not act unreasonably in declining to impose additional sanctions on Pearson for the missing email chain. Also finds Barbera was not similarly situated to her proposed comparators. Finally, finds there is no evidence of pretext.

7th Circuit upholds judgment for Pearson on sex discrimination claim

A former employee of Pearson Education, Inc. has lost her sex discrimination appeal against the educational products supplier after the 7th Circuit Court of Appeals found the woman failed to show she was similarly situated to three male employees she claimed were treated better than her.