DEC. 12-25, 2018
The seizure of a Marion man's $42,000 Land Rover is at issue in a case before the United States Supreme Court that could have nationwide ramifications for civil forfeitures. With passage rates falling and tests around the country changing, the Indiana Bar Exam is facing a test of its own as a study committee explores possible changes. Multiple lawsuits brought in federal court by lawyers and civic groups are challenging Indiana voting laws and election regulations.
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Hoosier civil forfeiture case at SCOTUS tests excessive fines prohibition
Marion resident Tyson Timbs never expected to be the face of civil forfeiture reform at the United States Supreme Court. Several times during his five-year legal battle, Timbs wanted to throw in the towel. Sometimes, all he wanted was to put his past trouble with the law behind him. But he also said he wanted to fight against what he views as widespread unjust civil forfeiture practices.
Read MoreIndiana Bar Exam faces its own test
As bar exam passage rates continue to decline and a majority of states move to a Uniform Bar Examination, the Indiana Supreme Court is taking steps to determine if the Hoosier state should follow suit and change its gateway test for admission to the Indiana bar.
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Multiple Indiana voting laws on trial in federal court
Indiana, like many states, has been amending and enacting new voting laws in the name of stamping out voter fraud. Lawyers and civic organizations are challenging laws and regulations that they believe are restricting the right to vote.
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Rent-to-own lawsuits rise in federal, state courts
Katrina Carter and Quentin Lintner are continuing to fight for their piece of the American dream even after the Indiana Court of Appeals closed the door on their attempt to get restitution from the company that put them in an uninhabitable home under a rent-to-own contract. They are not alone in litigation arising from such arrangements.
Read MoreComforting paws for law students
Indiana University Robert H. McKinney School of Law students headed to the library for final exam cramming were met with a pleasant surprise when several furry, four-footed friends greeted them at the door.
Read MoreIndiana Court decisions – Nov. 20-Dec. 4, 2018
Read Indiana appellate court decisions from the most recent reporting period.
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Carmel spine surgeon wins $112M verdict in royalty battle with Medtronic
Dr. Rick C. Sasso, an Indiana spine surgeon and inventor, has won a sweeping, five-year legal battle against medical-device giant Medtronic, with a jury awarding him $112 million in damages Nov. 28.
Read MoreHart: Trade secret protection requires customized measures
Because there is “no one size fits all” analysis to determine whether something qualifies as a trade secret — including whether its owner took reasonable measures to protect it — a lawyer tasked with protecting a client’s trade secrets must be intimately familiar with the client’s protectable interests.
Read MoreLechleiter, Dodge and Griffin: Alice in Wonderland — the uncertain state of patent eligibility
The law surrounding a key patent statute, 35 U.S.C. § 101, is “a real problem” that is “almost impossible to apply consistently and coherently” and “needs clarification by higher authority.” When federal appellate judges make statements like these, the issue is worth further exploration.
Read MoreBrown: Is a taco a sandwich? This IP question isn’t patently absurd
I was reminded recently of a client who came to see me with drawings of a chair he had designed, and he wanted to protect it. As we looked at the design and mulled over the possible ways others might find value in it, it became clear that the chair might fit into multiple IP buckets — or perhaps none at all.
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Neutral Corner: Why did trials ‘vanish,’ and what is the lesson for mediation?
In his article, “The Disappearance of Civil Trial in the United States,” Yale Law School professor John H. Langbein explored the factors leading to civil trials having all but “vanished.” He concluded that the largest single cause of the decline in the number of jury trials was the robust and extensive fact discovery promoted, if not mandated, by the adoption of the Federal Rules of Civil Procedure.
Read MoreLetter to the Editor: Child Advocates: Giving foster parents party status problematic
Foster parents are invaluable assets and partners in child welfare. Foster parents’ input in team meetings and on an ongoing basis provides valuable insight into the child’s needs. However, giving foster parents party status presents many problems.
Read MoreHopper: Who’s responsible for law practice succession planning?
How does the legal community at large continue to provide and expand high-quality legal services to all Indiana communities? What role should law practice succession planning play in ensuring that people, businesses, governmental and nonprofit organizations’ legal needs are competently addressed?
Read MoreStart Page: Untangle your many logins with a password manager
Christmas is just around the corner. You finally have a couple of days off to binge watch that Netflix show you’ve been hearing about, only to be asked to enter your password. You fiddle with the remote to type in the password in vain. So much for goodwill toward men. Thankfully, there’s a solution to this challenge: a software-based password manager.
Read MoreDreyer: Seven hopes on a judicial holiday wish list
As we complete a long, complicated year, my great judge journey leads me to a wish list. While wish lists are not uncommon for gift-giving season, or the start of a new year, this one is intended for regular rumination.
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Indiana Lawyer 2019 Corporate Counsel Guide
Indiana Lawyer's 2019 Corporate Counsel Guide provides snapshot information about lawyers providing in-house legal counsel to Indiana's business community.
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Disciplinary ActionsBack to Top
Disciplinary Actions – 12/12/18
Read who was suspended from the practice of law during the most recent reporting period.
Read MoreBar AssociationsBack to Top
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IndyBar: President’s Column — ‘Porchunate,’ ‘Hoss-bubble,’ and Other ‘Words’ that Describe 2018
I have often heard it said that having children keeps you young, keeps you in touch with your own childhood and it helps keep your imagination alive. Whoever said that has never met Charlie Bell. Charlie Bell is my 4-year old, and if feeling 136 years old is feeling young, then yes, he makes me feel very, very, young every single day.
Read MoreIndyBar: An Insight into the Marion County Public Defender Agency — Get to Know Chief PD Bob Hill
Have you ever wanted to get to know Chief Public Defender Robert Hill, how he got to where he is, and his thoughts on the criminal justice system? I had the opportunity to sit down with Hill to ask him about his background, how he got into practice and his path to becoming Chief Public Defender. As an added bonus, he shared some practice tips along with his thoughts on the criminal justice system.
Read MoreIndyBar: My Experience at the Appellate Judges Education Institute Summit
This fall, I had the esteemed privilege of attending the annual summit of the Appellate Judges Education Institute (AJFI) in Atlanta, Georgia. The Appellate Practice Section of the Indianapolis Bar Association generously provided me with a scholarship to make this experience possible.
Read MoreDTCI: Congratulations to the 2019 board of directors
The Defense Trial Counsel of Indiana named its 2019 officers and directors at its Twenty-Fifth Annual Conference and Annual Meeting last month. The officers and directors will take office January 1, 2019.
Read MoreDTCI Annual Meeting and Board of Directors meeting at University of Notre Dame, South Bend
Photos from the DTCI Annual Meeting and Board of Directors meeting at the University of Notre Dame, South Bend.
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