Articles

Marion Superior reminds lawyers to not monopolize hearings

Indianapolis attorney Fred Pfenninger is baffled and slightly miffed about the Marion Superior Court imposing a limit of roughly 15 cases per law firm per supplemental hearing. But James Joven, presiding judge of the Civil Term for Marion Superior Courts, said the limitation on the number of filings has been in place for several years.

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Honoring the honorable: Marshall added, Dred Scott author removed from Southern District mural

Chief Justice Roger B. Taney, arguably best known for authoring the notorious 1857 majority opinion in Dred Scott v. Sanford, used to be featured in an Indiana Southern District Court mural. But his name was recently replaced with “Marshall,” representing longest-serving Chief Justice John Marshall and Associate Justice Thurgood Marshall, the court’s first African-American justice.

 

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DTCI: Young Lawyers Step Up

The September community service event at Gleaners Food Bank of Indiana was hosted by the Young Lawyers Committees of DTCI and ITLA. Six DTCI members and two ITLA members attended.

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Help renewed for Hoosiers facing loss of their home

The Indiana Supreme Court is working to help troubled homebuyers, and possibly prevent another flood of empty houses, by relaunching the Mortgage Foreclosure Trial Court Assistance Project. A $115,000 grant from the Indiana Bar Foundation will provide funding to pay for facilitators to work with borrowers and lenders to try to get them to reach an agreement that will avert a foreclosure.

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DTCI: Using Misuse as a Defense

Indiana’s state and federal courts have long held that the incurred risk and product alteration defenses under Indiana’s Product Liability Act (IPLA) constitute “complete defenses.” But applying the misuse doctrine, particularly as a complete defense, is nuanced and requires a more thorough understanding of Campbell Hausfeld/Scott Fetzer v. Johnson and related law than the headlines might suggest.

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Durham: Preparing H-1B visa petitions in light of the culture of ‘no’

The H-1B may be one of the most well-known, and perhaps most desired, temporary employment visa classifications sought by US employers and foreign national students and professionals. Unfortunately for employers, a culture of “no” has taken hold at USCIS, risking employers’ ability to use the H-1B visa to fill critical positions and retain key foreign national employees.

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DTCI: Limited Recovery for the Uninsured Plaintiff

The law limits an uninsured person’s recovery to economic damages when an insured driver is at fault. Insurance companies are actually prohibited from paying noneconomic damages to uninsured claimants who have had a financial responsibility citation within the previous five years.

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