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IndyBar President’s Column: Perfecting Our Process

| 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

| 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

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.

IndyBar: Gibson to Lead Indianapolis Bar Foundation in 2022

| 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.

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

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?

| 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.

Creating options: SCOTUS lets inverse condemnation suits in federal courts

| 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

| 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

| 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

| 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

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.

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 […]