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IndyBar President’s Column: Perfecting Our Process

October 30, 2019 | Thomas A. Barnard and From IndyBar

Retired Admiral William McRaven’s 2014 commencement address advice was this: “If you want to change the world, start off by making your bed … If you can’t do the little things right, you will never do the big things right.” This advice finds perfect application in our profession, and I have been thinking lately about the importance of perfecting our process.

New law gives moms, dads behind bars hope in TPR cases

October 30, 2019 | Katie Stancombe

Christina Kovats and Kristina Byers previously served time at the Indiana Women’s Prison, and this year they became advocates who worked to draft Indiana legislation aimed at dismantling the black-and-white mentality regarding termination of parental rights for incarcerated mothers. A new law now gives judges discretion in TPR cases involving parents behind bars.

Blair and Olsen: On economic downturns, construction problems and taxation

October 30, 2019

Most of us can relate to the feeling of starting a home project, only to complete half of it (likely not very well) and leave the project as-is for months on end. We certainly can, as much as we might not like to admit it. While our spouses might disagree, partially completed home projects are not really a big deal in the grand scheme of things. But what about partially completed commercial buildings? That’s a different story, especially for tax assessment purposes.

‘I wanted to serve’: Justice David says service at core of his time on high court

October 30, 2019 | Olivia Covington

Justice Steven David was never specifically asked to be on the Indiana Supreme Court. Even so, when Justice Ted Boehm retired, David, now the longest-serving justice, said he decided to take a shot at serving Indiana at the highest judicial level. “I’m not sure how I got here, but I’m here,” David said in an interview with Indiana Lawyer. “I wanted to serve.”

IndyBar: Gibson to Lead Indianapolis Bar Foundation in 2022

October 30, 2019 | From IndyBar

The Indianapolis Bar Foundation (IBF) Nominating Committee has announced its slate of officers for 2020, naming Raegan Gibson of Paganelli Law Group to the position of First Vice President. Gibson will assume the role of president-elect in 2021 and will lead the IBF as president in 2022.

Web Exclusive: Anti-doping counsel says athlete safety trumps sponsor preservation

October 30, 2019 | Katie Stancombe

Athlete well-being is paramount in sports. But the self-preservation of sponsors who support those athletes at times seems more important that ensuring their safety, an Indianapolis attorney and prominent anti-doping expert says.

Hammerle on… “The Addams Family,” “Joker”

October 30, 2019 | Robert Hammerle

Movie reviewer Robert Hammerle has a soft spot for the animated film “The Addams Family,” but had to resist the urge to walk out of “Joker.”

Osborne: Landlords may be liable for tenant-on-tenant harassment

October 30, 2019

Some attorneys may be familiar with and can competently advise their clients regarding the federal and state causes of action for hostile work environment. However, there is a similar, lesser-known cause of action for discrimination in the housing context known as “hostile housing environment” that warrants attention in light of a fairly recent opinion by the 7th Circuit Court of Appeals clarifying its scope.

DTCI: How can employers minimize the risk of workplace violence?

October 30, 2019 | From DTCI

In assessing workplace violence situations, there are clearly certain occupations where the risk of aggression is higher. Even though the risk of workplace violence exists in many different vocations, there are some proactive approaches that employers can and should use to minimize the risk.

Indiana Court Decisions – Oct. 10-23, 2019

October 30, 2019

Read Indiana appellate court decisions from the most recent reporting period.

Creating options: SCOTUS lets inverse condemnation suits in federal courts

October 30, 2019 | Olivia Covington

The June 21 decision in Knick v. Township of Scott, Pennsylvania, 588 U.S. ___ (2019), overturned precedent requiring property owners to file inverse condemnation actions in state court before bringing a federal action. Instead, the 5-4 majority opinion, written by Chief Justice John Roberts, determined the Fifth Amendment Takings Clause is triggered as soon as the government takes land without compensating the property owner.

JLAP: Lawyer well-being movement is no laughing matter

October 30, 2019 | Terry Harrell

When my colleagues first expressed a vision for healthier lawyers — not merely helping those already struggling with addiction and mental health diagnoses, but helping all lawyers to thrive — some laughed. Someone even suggested to me that the title for a presentation I was giving should be “Is Lawyer Well-Being an Oxymoron?”

IndyBar Honors Excellence: Legal Community Stars to Receive Recognition Awards

October 30, 2019 | From IndyBar

The Indianapolis legal community is fortunate to be home to thousands of individuals who work their hardest each day for the benefit of their profession, their community and their families. Join us on November 19 at Meridian Hills Country Club as we honor just a handful of the many lawyers, judges, students and more who’ve made their mark in 2019.

Prosecutions fizzle in ‘pill mill’ case but suits proceed

October 30, 2019 | Marilyn Odendahl

Physicians and staff who were arrested and charged after Indiana and federal law enforcement officials claimed their medical practice was a pill mill are headed to the 7th Circuit Court of Appeals as they push forward with a civil lawsuit claiming their prosecution was built on allegations the government knew were false.

Opinions Oct. 29, 2019

October 29, 2019

Indiana Court of Appeals
Natoami Riley, et al. v. St. Mary’s Medical Center of Evansville, Inc.
19A-CT-844
Civil tort. Reverses the Vanderburgh Circuit Court’s grant of summary judgment to St. Mary’s Medical Center of Evansville Inc. on a medical malpractice claim brought by Natoami and Frank Riley. Finds a radiologic technician who wrote an affidavit on behalf of the Rileys is qualified to render an expert opinion on proximate causation, and that a genuine issue of material fact exists regarding that issue. Remands for further proceedings.

Supreme Court carves out pro bono publico exceptions in rules amendments

October 29, 2019 | IL Staff

The Indiana Rules for Admission to the Bar and the Discipline of Attorneys now include language addressing pro bono publico licenses following amendments made by the Indiana Supreme Court that will take effect next year.

11/21 – Legal Ethics in Special Education Work (Indianapolis)

Attorneys assisting students and families with special education needs confront legal ethics issues unique to the subject area and context. This informative program will address common issues such as: • Rule 4.2 ex parte communications: When is the school “represented”? • Attorney-client privilege: How to preserve privilege in this setting • Who is the client […]

Woman with nerve damage wins reversal in med-mal case against hospital

October 29, 2019 | Katie Stancombe

A woman who suffers from nerve damage after dye was negligently injected into her arm for a medical scan has won a reversal against the southern Indiana hospital that administered the procedure.

Lawyers use knights and kings to promote civics

October 29, 2019 | Marilyn Odendahl

Despite a rain-soaked afternoon, just over 30 chess enthusiasts gathered at the City Market in downtown Indianapolis Oct. 26 to test their skills at the centuries-old game and help support the young, by comparison, American democracy. The We the People White Knight Chess Tournament, sponsored by Cohen & Malad LLP and Barnes and Thornburg LLP, raised money for the Indiana We the People program.

Prosecutor faces discipline for allegedly undisclosed testimony deal

October 29, 2019 | Dave Stafford

An elected Indiana prosecutor who allegedly failed to disclose to the defense a deal he requested to secure witness testimony against a criminal defendant is facing an attorney discipline complaint. Putnam County Prosecutor Timothy L. Bookwalter has been charged with professional misconduct by the Indiana Supreme Court Disciplinary Commission.

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In This Issue

  • Can ChatGPT practice law? OpenAI faces first-of-its-kind lawsuit in Illinois.

  • RICO suit vs. Lilly could reap billions if successful

  • Indiana-based pork producer agrees to settlement in wage-related lawsuit

Most Read
  • 13 attorneys general sue Evansville-based OneMain over hidden loan add-ons

  • Brownsburg school district to pay $650K to settle former teacher’s religious accommodation claims

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

  • Indiana’s controversial immigration bill is now law — and it may be used against IPS

  • Ripley Co. teen sentenced to 100 years for killing 2 siblings

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