‘It’s their money’: How attorneys advise on lump-sum vs. structured settlements
If a case settles and a structured payment plan is clearly the way to go, what’s a lawyer to do when the client decides that actually, they want the money up front?
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Indiana Court Decisions: July 27-Aug. 9, 2023
Read the latest Indiana appellate court decisions from the most recent reporting period.
Pettygrove: Avoiding (or winning) evidence preservation arguments
All federal litigants have a legal duty to preserve evidence that might be relevant, whether to their own or another party’s claims or defenses. Though it’s a seemingly straightforward obligation, parties frequently accuse one another of breaching this duty.
IndyBar: Federal Practice in the Southern District of Indiana
| From IndyBar and Donnie Morgan
IndyBar is hosting a full-day CLE exploring all aspects of federal practice in the Southern District. More on that later, but first a few tips.
Advocates push for more pay transparency in Indiana: New salary range disclosure, history ban laws becoming more popular in U.S.
When people are searching for new jobs, there’s plenty of ways they can research a company and find out about the job they’re applying for and what skills it requires. But what can be more difficult is finding out about the pay range.
Trimble: Is your firm ready for cyberattacks? If not, you should be
Everyone must accept the fact that all businesses, and particularly law firms, are under constant assault from attackers.
IndyBar: Celebrating Excellence: Julie Armstrong Honored as Best Bar Professional by the National Association of Bar Executives
| Rebecca Geyer and From IndyBar
I recently returned from the American Bar Association Annual Meeting in Denver. The highlight of the meeting for me was watching Julie Armstrong receive the Bolton Award.
Continuing a legacy: Brady settles in as Northern District Court chief judge
One thing most people agree on when talking about Holly Brady is her strong work ethic, both now as a judge and when she worked in private practice. That work ethic has propelled her to her current role as chief judge of the Indiana Northern District Court.
Hollis: Noncompetes: Impact of proposed FTC rule, NLRB memo
Noncompete agreements have been a longstanding topic of debate in employment law. In 2023, the federal government inserted itself into the debate.
IndyBar: IndyBar Executive Director Receives National Recognition
| Kevin Ryan and From IndyBar
When we at NABE think of a bar executive who epitomizes our profession, who stands out as a leader in our field, whose association is the one we look to for cutting-edge, successful ideas and programs, we think of Julie Armstrong.
Vague statute leads to litigation for clarification: Physician noncompete statute facing questions from both sides
A new law went into effect in Indiana last month that eliminates the use of noncompete agreements in physicians’ contracts. However, the legislation has raised many questions for attorneys and clients on both sides of the issue.
Web Exclusive: Meet the judges: Montgomery Superior Judge Daniel Petrie
Montgomery Superior Judge Daniel Petrie is the most recent trial court judge to be featured in Indiana Lawyer’s Spotlight series, which focuses on judicial officers in more rural areas of the state.
Hammerle on… “Barbie” and “Oppenheimer”
Indianapolis criminal defense attorney Robert Hammerle gives us his take on “Barbie” and “Oppenheimer.”
IndyBar: Lift Up a Colleague: Nominations Open for IndyBar Awards
Nominations are encouraged for the following IndyBar awards via a single online application form that only takes a few minutes to complete.
IndyBar: Practice Toolkit: Working Thesis: You Don’t Always Have to Hire to Get More Help
| From IndyBar and Jared Correia
If you’re only looking for a traditional hire, you may be overlooking some options that could be a viable fit in your environment.
Longtime city employee sues Valparaiso, alleges constitutional violations, gender/pay discrimination
A woman has filed a federal lawsuit against the city of Valparaiso, its mayor, a former city administrator Organizational Development Solutions, Inc. and the company’s president, alleging gender and pay discrimination, harassment, retaliation and defamation.
Judge upholds petition requirement for independent, minor-party ballot access in Indiana
Indiana’s requirement for political independents and minor-party candidates to obtain ballot access via petition — a process estimated to cost roughly $500,000 — is not unconstitutional, a federal judge has ruled.
Federal magistrate denies recusal motion in Purdue Title IX lawsuit
A federal magistrate judge in the Indiana Northern District Court has denied a motion to recuse brought by a male student at Purdue University who was expelled after the school determined he had sexually assaulted a female student.
Opinions August 15, 2023
Tuesday opinions
Court of Appeals of Indiana
Derek Fingers v. Robert Carter, et al. (mem. dec.)
23A-PL-132
Civil plenary. Affirms the LaPorte Superior Court’s summary judgment in favor of Robert Carter and others. Finds there is no genuine issue of material fact that Derek Fingers failed to exhaust his administrative remedies prior to bringing his cause of action pursuant to 42 U.S.C. § 1983. Also finds the trial court properly concluded that his claims are barred.
ABA increases distance education limit to 50%
| IL Staff
The American Bar Association House of Delegates has concurred with the ABA’s legal education council to increase the distance education limits so a law school may grant a student up to 50% of the credit hours required for a J.D. degree via distance education.
