AUG. 14 – 27, 2013
Indianapolis attorney Philip “Skip” Kappes began practicing law in 1948. Today, he holds Indiana's second-longest active law license and cites adaptability as a key to professional success and sustainability. Kappes talked with Indiana Lawyer about his experiences along the way. The case involving Bei Bei Shuai's attempted suicide, which resulted in the death of her newborn daughter, has been resolved, but legal issues surrounding the actions of pregnant women remain. A law student who golfed his way "from tee to shing tee" to fundraise for an Indianapolis school shares his experiences and photos with IL readers.
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65 years in the law
World War II had just ended and the Baby Boom generation was making its debut when Philip “Skip” Kappes graduated from the University of Michigan Law School. It was 1948 and, for those who were not alive or just too young to remember that time, the following are a few facts that might help you gain perspective on the differences in American society between then and now.
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From Atlantic to Pacific, the golfing is terrific; McKinney student completes 96-day fundraising odyssey
Luke Bielawski, a student at Indiana University Robert H. McKinney School of Law, has spent the better part of his summer teeing off from California to South Carolina as a fundraiser for Providence Cristo Rey High School in Indianapolis.
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Nigerian immigrant’s religious discrimination suit carries cautions for employers
Sikiru Adeyeye had a mission when his father died in Nigeria three years ago. Letters to his employer asking to take one week of paid vacation and several weeks off without pay expressed the urgency of his obligation.
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Shuai case resolved, thorny legal issues remain
A resolution that spared Bei Bei Shuai more jail time and dropped murder and attempted feticide charges filed after the death of her newborn daughter did little to clarify the state of the law under which she was prosecuted.
Read MoreAccused murderers likely to stay in jail awaiting trial
When the Indiana Supreme Court upended 150 years of precedent concerning murder defendants, it raised eyebrows and stirred debate but, in practice, the impact of the opinion is expected to be very limited.
Read MoreLawyer’s report sounds latest alarm about Marion County Small Claims courts
Problems with Marion County’s Small Claims courts are by now well-documented. After the Wall Street Journal took note of forum shopping, creditors’ cozy relationships with some courts and other lax practices, Court of Appeals Judge John Baker and Senior Judge Betty Barteau issued a report advocating reform.
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Blogger attorney Ogden grilled in public discipline hearing
Publicly resigned to the likelihood that action will be taken against his law license, attorney Paul Ogden was grilled for hours July 30 in a hearing before the Indiana Disciplinary Commission.
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Mandatory use of E-Verify could bring new headaches for US companies
The red hot economy of the 1990s demanded a steady supply of unskilled and semi-skilled labor, a demand that was often filled with undocumented workers. Cities across the Midwest openly welcomed these individuals. Companies, trying to feed an insatiable appetite for workers, were placing help-wanted ads in newspapers in other states.
Read MoreChanges may prompt review of background check policies
For more than 20 years, the Equal Employment Opportunity Commission has taken the position that an employer’s use of applicants’ criminal history in making employment decisions may constitute discrimination under Title VII of the Civil Rights Act of 1964, as amended. The underlying premise has always been that because minorities are historically and statistically arrested and incarcerated at higher rates than their representation in the general population, the use of criminal records by employers in making hiring and retention decisions may be discriminatory.
Read MoreWeighing all the risks in a workers’ compensation case
In A Plus Home Health Care Inc. v. Miecznikowski, the Indiana Court of Appeals confirmed that while the “positional risk doctrine” described by our Supreme Court in Milledge v. Oaks, 784 N.E.2d 926 (Ind. 2003), was defunct, the analysis of compensability of injuries under the neutral risk doctrine still applied. 983 N.E.2d 140, 143-144 (Ind. Ct. App. 2012) trans. denied, 985 N.E.2d 338 (Ind. 2013). When handling a workers’ compensation matter, practitioners need to be sure they conduct an appropriate analysis of all risk doctrines applicable to the claim.
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Hammerle on … ‘Fruitvale Station’ and ‘The Conjuring’
In this issue, Robert Hammerle reviews "Fruitvale Station" and "The Conjuring."
Read MoreSidebars: Local burger joint leaves litigator underwhelmed
Sidebars reviews and rates eateries lawyers may enjoy visiting when working at courthouses throughout Indiana. Fred offers this week’s review of Punch Burger.
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In Brief – 8/14/2013
The IL Daily delivers legal news to your email inbox. In case you missed it, following is a recap of some of the stories reported online since the last issue of Indiana Lawyer. Subscribe to IL Daily to receive this news as it happens.
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Indiana Court Decisions – July 24 to Aug. 6, 2013
Read updates on For Publications opinions issues by Indiana and federal appellate courts from July 24 to Aug. 6, 2013.
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Disciplinary Action – 8/14/2013
Read who has recently been suspended by the Indiana Supreme Court, received a public reprimand or resigned.
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Blomquist: Valuing Our Judiciary
I am writing this President’s column in San Francisco at a meeting of the National Conference of Bar Presidents. Yes, there is an association of us, frightening though that may seem, yet I unapologetically say it is a good thing. This association helps bar leaders and executives analyze and confront the unique challenges we have as our legal worlds collide, whether it be defining (and paying for) the ideal legal education in 2013, triaging the challenges of our underfunded courts, the changing professional landscape for today’s (and tomorrow’s) practitioners or the very real access to justice issues apparent by the increasing percentage of individuals and businesses who just cannot afford to hire a lawyer anymore to solve their problems.
Read MoreIndyBar: Memories Of Joe Russell
While still shocked from Joe’s death, having spent the day before and the morning of his death with him, I am trying to adjust my own perception of life based on Joe’s premature departure.
Read MoreIndyBar: Zore, Russell Recipients of Professionalism Awards
The IndyBar Professionalism Committee has named Hon. Gerald Zore of Marion Superior Court the 2013 recipient of the Silver Gavel Award, while C. Joseph Russell has been posthumously awarded the bar’s Professionalism Award for 2013.
Read MoreIndyBar: Nominate a Colleague for an IndyBar Recognition Award
Do you know of a deserving IndyBar member who has worked hard for the community? Nominate him or her for an IndyBar award! Nominations are being accepted for the following IndyBar awards: the Dr. John Morton Finney Jr. Award for Excellence in Legal Education and the IndyBar Pro Bono Awards, which are presented in five categories: Practicing Attorney, Aiding Individuals; Practicing Attorney, Aiding Entities; Law Firm; Law Student and Paralegal. Go to www.indybar.org for a nomination form. Nominations are due September 30, 2013.
Read MoreIndyBar: Applications Now Accepted for IndyBar Review Scholarships
Planning to take the bar exam in Winter 2014? Applications are now being accepted for two scholarships for the Indianapolis Bar Association’s Winter 2014 IndyBar Review session. The application deadline is November 1.
Read MoreDTCI: He’s No Creditor of Mine
The scenario is this: Your client is one of several members in a Multi-Member Indiana Limited Liability Company. Although business is good, your client learns that one of his co-members has creditors with a judgment against him and the judgment creditor now looks to the debtor-member’s LLC interest for collection. This article is designed to briefly examine the rights of the respective parties.
Read MoreDTCI: Indiana high court upholds punitive damage caps
The Indiana Supreme Court recently upheld caps on punitive damages and the procedure for allocating punitive damage awards. In State v. Doe, 987 N.E.2d 1066 (Ind. May 14, 2013), the court upheld the statute capping punitive damage awards at the greater of three times the amount of compensatory damages or $50,000. Ind. Code § 34-51-3-4. The court also upheld the statute requiring the plaintiff receive 25 percent of the punitive damages award while 75 percent goes to the Violent Crime Victim Compensation Fund. Ind. Code § 34-51-3-6. The punitive damages statute provides that the jury not be apprised of the caps or the 25-75 allocation. Ind. Code § 34-51-3-3.
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