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IndyBar: Nominate a Colleague for an IndyBar Recognition Award

Do you know of a deserving IndyBar member who has worked hard for the community? Nominate him or her for an IndyBar award! Nominations are being accepted for the following IndyBar awards: the Dr. John Morton Finney Jr. Award for Excellence in Legal Education and the IndyBar Pro Bono Awards, which are presented in five categories: Practicing Attorney, Aiding Individuals; Practicing Attorney, Aiding Entities; Law Firm; Law Student and Paralegal. Go to www.indybar.org for a nomination form. Nominations are due September 30, 2013.

Blomquist: Valuing Our Judiciary

I am writing this President’s column in San Francisco at a meeting of the National Conference of Bar Presidents. Yes, there is an association of us, frightening though that may seem, yet I unapologetically say it is a good thing. This association helps bar leaders and executives analyze and confront the unique challenges we have as our legal worlds collide, whether it be defining (and paying for) the ideal legal education in 2013, triaging the challenges of our underfunded courts, the changing professional landscape for today’s (and tomorrow’s) practitioners or the very real access to justice issues apparent by the increasing percentage of individuals and businesses who just cannot afford to hire a lawyer anymore to solve their problems.

IndyBar: Memories Of Joe Russell

While still shocked from Joe’s death, having spent the day before and the morning of his death with him, I am trying to adjust my own perception of life based on Joe’s premature departure.

Teachers union could pay $14M to schools under settlement

The state’s largest teachers union and its national parent organization have agreed to pay $14 million under a tentative settlement announced Tuesday morning by Indiana Secretary of State Connie Lawson and Indiana Securities Commissioner Chris Naylor.

IndyBar: Zore, Russell Recipients of Professionalism Awards

The IndyBar Professionalism Committee has named Hon. Gerald Zore of Marion Superior Court the 2013 recipient of the Silver Gavel Award, while C. Joseph Russell has been posthumously awarded the bar’s Professionalism Award for 2013.

In Brief – 8/14/2013

The IL Daily delivers legal news to your email inbox. In case you missed it, following is a recap of some of the stories reported online since the last issue of Indiana Lawyer. Subscribe to IL Daily to receive this news as it happens.

DTCI: Indiana high court upholds punitive damage caps

The Indiana Supreme Court recently upheld caps on punitive damages and the procedure for allocating punitive damage awards. In State v. Doe, 987 N.E.2d 1066 (Ind. May 14, 2013), the court upheld the statute capping punitive damage awards at the greater of three times the amount of compensatory damages or $50,000. Ind. Code § 34-51-3-4. The court also upheld the statute requiring the plaintiff receive 25 percent of the punitive damages award while 75 percent goes to the Violent Crime Victim Compensation Fund. Ind. Code § 34-51-3-6. The punitive damages statute provides that the jury not be apprised of the caps or the 25-75 allocation. Ind. Code § 34-51-3-3.

DTCI: He’s No Creditor of Mine

The scenario is this: Your client is one of several members in a Multi-Member Indiana Limited Liability Company. Although business is good, your client learns that one of his co-members has creditors with a judgment against him and the judgment creditor now looks to the debtor-member’s LLC interest for collection. This article is designed to briefly examine the rights of the respective parties.

On the Move – 8/14/2013

See who has recently joined Indiana firms, started new firms or reviewed promotions or awards, and recent law firm recognitions.

Changes may prompt review of background check policies

For more than 20 years, the Equal Employment Opportunity Commission has taken the position that an employer’s use of applicants’ criminal history in making employment decisions may constitute discrimination under Title VII of the Civil Rights Act of 1964, as amended. The underlying premise has always been that because minorities are historically and statistically arrested and incarcerated at higher rates than their representation in the general population, the use of criminal records by employers in making hiring and retention decisions may be discriminatory.

Weighing all the risks in a workers’ compensation case

In A Plus Home Health Care Inc. v. Miecznikowski, the Indiana Court of Appeals confirmed that while the “positional risk doctrine” described by our Supreme Court in Milledge v. Oaks, 784 N.E.2d 926 (Ind. 2003), was defunct, the analysis of compensability of injuries under the neutral risk doctrine still applied. 983 N.E.2d 140, 143-144 (Ind. Ct. App. 2012) trans. denied, 985 N.E.2d 338 (Ind. 2013). When handling a workers’ compensation matter, practitioners need to be sure they conduct an appropriate analysis of all risk doctrines applicable to the claim.

Mandatory use of E-Verify could bring new headaches for US companies

The red hot economy of the 1990s demanded a steady supply of unskilled and semi-skilled labor, a demand that was often filled with undocumented workers. Cities across the Midwest openly welcomed these individuals. Companies, trying to feed an insatiable appetite for workers, were placing help-wanted ads in newspapers in other states.

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