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IndyBar: 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.
Teachers union could pay $14M to schools under settlement
The state’s largest teachers union and its national parent organization have agreed to pay $14 million under a tentative settlement announced Tuesday morning by Indiana Secretary of State Connie Lawson and Indiana Securities Commissioner Chris Naylor.
IndyBar: 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.
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.
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.
DTCI: 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.
DTCI: 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.
On the Move – 8/14/2013
See who has recently joined Indiana firms, started new firms or reviewed promotions or awards, and recent law firm recognitions.
Disciplinary Action – 8/14/2013
Read who has recently been suspended by the Indiana Supreme Court, received a public reprimand or resigned.
Hammerle on … ‘Fruitvale Station’ and ‘The Conjuring’
In this issue, Robert Hammerle reviews "Fruitvale Station" and "The Conjuring."
Changes 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.
Weighing 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.
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.
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.
Accused 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.
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.
Lawyer’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.