In This Issue of Indiana Lawyer

FEB. 7-20, 2018

Deep divisions over hate crimes legislation led Senate committee leaders to pull the bill from a vote last week. Civil forfeiture reform is advancing in the legislature, but not without continuing concerns over due process. Career prospects for paralegals are twice as good as the average projected growth rate across all professions over the next decade, federal labor statistics say.

Top StoriesBack to Top

Civil forfeiture reform advances, but concerns remain

The Indiana Senate has approved a bill that would reform many aspects of Indiana’s civil forfeiture framework, a move local attorneys who practice such cases say is a step in the right direction. However, concerns remain about whether the legislation provides criminal defendants sufficient due process.

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‘End of life options’ a nonstarter at Statehouse

For the second year in a row, a legislative push for an End of Life Options Act failed to gain traction in the Indiana Legislature, disheartening advocates. Opponents argue such legislation would create a slippery slope toward euthanasia.

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Gerrymandering challenges keep rising

Attorneys at Faegre Baker Daniels LLP are part of the legal team representing Michigan voters who filed a complaint in December over partisan gerrymandering. The suit brought to seven the number of such challenges filed since 2016 and fueled hope that the U.S. Supreme Court will rule the practice unconstitutional and offer guidance for how to draw district lines.

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Habegger’s general counsel outsource firm builds on 11 years in house

Ben Habegger is combining his knowledge of business with his entrepreneurial mindset. He has launched a solo practice, Outsourced General Counsel, LLC, offering his services as an in-house lawyer to small businesses that do not have a legal department, and to larger companies that may need short-term legal help with a project or to cover a leave of absence.

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FocusBack to Top

Emerging smart contracts offer possibilities and risks

Though the idea of smart contracts was first proposed by computer scientist Nick Szabo almost 25 years ago, only recently has true potential of the format begun to be realized. Smart contracts soon may change the way many lawyers practice.

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Kilies: Discover a way to avoid the document dump

In a case where lots of documents are expected, an online platform can be used to exchange some of them. Given the time and expense associated with the discovery process, we must find creative ways to make the process less burdensome.

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OpinionBack to Top

BGBC: How to avoid, overcome a Daubert challenge

Any seasoned trial attorney who has worked with expert witnesses in litigation will get instant heartburn at learning that opposing counsel has raised a Daubert challenge. But do Daubert challenges always derail expert opinions and testimony, or can attorneys proactively take steps to deal with them?

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Indiana Judges Association: Novel concept — Judges are not judgmental

Every trial judge must balance the letter of the law with the conscience of the community. A judge must be able to put any case in a full social and human context before applying the technical rules of the law. To do otherwise is to lose the most important and powerful tool upon which every judge must rely: the ability to feel.

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Disciplinary ActionsBack to Top

Bar AssociationsBack to Top

IndyBar: Employment Claim? Take a Second Look at Your Insurance Policies

While the plethora of coverages under insurance that protects businesses can be confusing, you owe it to yourself and your company or public entity to consider all of your insurance when an employment claim arises, including policies not specifically designed for employment claims. Your premiums may have bought you more protection than you realize.

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DTCI: My doctor is liable for how much?

As attorneys who practice frequently in the area of medical negligence, it is not uncommon to be presented with a case in which the plaintiff seeks damages under both the Medical Malpractice Act (MMA) and the Wrongful Death Act. This article describes how these statutes work together, how to apply the caps, and discusses when a provider can be responsible for paying more than the MMA cap.

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