Indiana Court Decisions — Sept. 26-Oct. 9, 2019
Read Indiana appellate decisions from the most recent reporting period.
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Moore: Premortem validation could help avert will, estate contests
Premortem validation may be a useful tool for any testator or settlor who suspects her will or trust will be challenged after her death. By implementing the premortem validation procedures, the testator or settlor can ensure a contest action will be brought while she is alive to defend her capacity and likely deter a meritless challenge.
Big case hits the big screen: Taft lawyer’s DuPont suit attracts star power
A Taft Stettinius & Hollister attorney who successfully took on one of the world’s most powerful chemical manufacturers in a major toxic contamination case is being featured on the big screen as he continues to bring awareness to an issue he says is a global heath threat.
Reconstituted probate code commission goes to work
When the Probate Code Study Commission convened for its first meeting Aug. 12, it marked the return of a process meant to help Indiana legislators understand the often complex and intertwined issues regarding wills, estates, trusts, guardianships and other probate matters.
IndyBar: Referral Service Relaunches with New Platform, Liability Insurance Requirements
Connecting with potential clients is a crucial first step in business development for lawyers, especially as consumers increasingly turn to the internet for their search. Now, an even better way to capture those leads is available from the Indianapolis Bar Association with the launch of a brand-new artificial intelligence-fueled national lawyer referral platform.
Noe Dudas: ADD diagnosis for a high-functioning lawyer adds up
Being diagnosed in middle age with a “childhood” affliction can set off a range of challenges. Jane Smith (who requested I not use her real name) is an attorney with attention deficit disorder.
Hammerle on … “Judy,” “Linda Ronstadt: The Sound of My Voice” and “Hustlers”
Movie reviewer Robert Hammerle says Renee Zellweger gives an impressive performance in the depressing Judy Garland biopic “Judy,” but a documentary on iconic pop singer Linda Rondstadt left him singing a happier tune. Meantime, “Hustlers” features a diva of more recent generation — Jennifer Lopez — in a takedown of Wall Street avarice.
IndyBar: Gooden to Lead Indianapolis Bar Association in 2022
The Indianapolis Bar Association’s Nominating Committee has announced the selection of the Hon. Alicia Gooden as the 2022 President of the Indianapolis Bar Association. Judge Gooden will serve as the association’s First Vice President on the 2020 Board of Directors and as President-Elect in 2021.
IndyBar President’s Column: A Culture of “Yes”
My wife and I decided nearly 30 years ago that the most fun parents (the ones whose homes were always overflowing with kids and their friends), were disposed to say “yes” more than “no.” We decided that unless we had a really good reason, we would try to be “yes” parents. This led to many unexpected adventures and many learning experiences.
IndyBar: Indiana Health Facility Cannabis Policy Considerations
Given that some elderly Indiana residents are likely to be in possession illegally of cannabis or are legally self-administering CBD products, how should Indiana health facilities address the issue in their policies? As a legal product, CBD now presents the same issues encountered with the self-administration of any other over-the-counter medication. Cannabis is more complicated though.
IndyBar: Win Tickets to the 2019 BGD LegCon!
The IndyBar Government Practice Section is pleased to offer two tickets to Bingham Greenebaum Doll’s 28th annual Legislative Conference (LegCon) to section members. LegCon will take place from 8:30 a.m. to 4:30 p.m. on Wednesday, Dec. 4 at the Indiana Convention Center.
McDermott: 1 year to go — The Real ID countdown begins
You can mark your calendars now: in about a year, attorneys across Indiana will be getting frantic calls from untold numbers of people who are suddenly unable to fly on an airplane. The cause of this commotion will be the Real ID law, set to finally take full effect Oct. 1, 2020.
DTCI: When Expert’s Testimony Should Be Inadmissible
Considering the clear prohibition against expert contingency fee agreements expressed by the Indiana Rules of Professional Conduct and the overwhelming authority from other jurisdictions, it is likely courts in our state will adopt a rule excluding contingent expert testimony, should the issue arise.
Disciplinary Actions
Read which Indiana lawyers recently had disciplinary judgments in their favor, were reinstated and suspended.
IndyBar: Remember and Honor: Celebrate IndyBar Members’ Lives at the Celebration of Life and Career on Nov. 14
Each fall, the IndyBar remembers, honors, and celebrates the lives of members of the profession who passed away during the previous year (October 1, 2018 to September 1, 2019). Judge Steven Eichholtz and Commissioner Kelly Scanlan will moderate our service and will be joined by members of the judiciary and leaders of the Indianapolis Bar Association in conducting our celebration Nov. 14.
McKinney alumnae forge friendships spanning 40 years
A group of women law student trailblazers who entered the profession in the late 1970s never let their bond of friendship fade. At a recent 40th annual reunion,one asked her former IU McKinney classmates, “Can anyone here imagine being where you are today without the others?” They responded in unison, “no.”
Bingham goes big: Combination with Dentons part of ‘national law firm’ launch
The first steps that led to the combination of Bingham Greenebaum Doll with international giant Dentons were taken in the late spring of 2018, when Bingham leaders W. Tobin McClamroch and Keith Bice fielded a proposal from a friend. In the conference room of Bingham’s Indianapolis office, Joe Andrew, Dentons global chairman and former partner at Bingham Summers Welsh & Spilman, told the partners about the need he saw for a national law firm with offices across the country. No firm currently has an office in the top 20 markets even though, he said, clients are everywhere.
3 judges face discipline in Indianapolis shooting
Clark Circuit Judges Andrew Adams and Bradley Jacobs and Crawford Circuit Judge Sabrina Bell each have been charged with ethics violations for their roles in a now-infamous Indianapolis altercation that left Adams and Jacobs hospitalized with serious gunshot wounds. The charges detail a night of bar-hopping by the southern Indiana jurists during the evening of April 30 into the early morning of May 1 that ended in a confrontation that escalated to violence.
Boldt: Disclosing estate plans in advance can save strife later
Estate planning clients, typically those nearing or beyond retirement, often ask what kind of information they should share during life with the beneficiaries of their estate. If one child will be treated differently than others, how should they address it, if at all? Should they disclose the fact that an inheritance is likely?