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DTCI: Senate obstruction on appointments harms entire judiciary

March 22, 2016

Since the Republicans took control of the Senate after the 2014 elections, the Obama administration has made only one judicial appointment as Republican senators have refused to sign off ahead of time on nominees for judgeships in their states. This is in stark contrast to President Obama’s predecessors since Ronald Reagan who also faced a Senate controlled by the opposing party, yet appointed between 10-18 appellate judges in their last two years in office.

Federal Bar Update: Offers of judgment and class actions

March 22, 2016

The U.S. Supreme Court recently held that an unaccepted offer of judgment under Rule 68 does not moot a class representative’s claim, even when the offer is made prior to class certification.

Editorial: Rule changes still lack needed transparency

March 22, 2016

A proposed overhaul of Admission and Discipline Rule 23 contains some good ideas among the 108 pages of side-by-side comparisons of the old and the new. But the proposals would do little to deprogram the Supreme Court Disciplinary Commission’s culture of confidentiality or boost public confidence in the agency that polices Indiana attorneys.

Vlink: Should unions charge free-rider fees for grievances?

March 22, 2016

Vlink Much to the dismay of the labor community, Indiana has joined the 25 states with so-called “right-to-work” laws. Before getting to the point of this article, it’s important to dispel two common myths about these laws. Right-to-work does not guarantee employment, nor does it protect employees against compelled union membership. Even in non-right-to-work states, […]

Waterfill: EEOC alleges gender discrimination in 2 suits

March 22, 2016

In light of development in gender discrimination cases, what should wise employment counsel advise clients to do?

Disputes increase over who’s an employee and who’s an independent contractor

March 22, 2016

Independent contractors have long been a part of the workforce. However, with the rise of on-demand service providers who run their businesses almost solely with independent contractors, closer scrutiny is being paid to what, exactly, these workers are in the new “gig economy.”

Inside the Criminal Case: When your client is speaking to others

March 22, 2016

“Say nothing.” This advice seems simple enough, but any attorney with a few years under his or her belt knows that the advice is often not heeded.

Tangling with tech companies’ move into legal services

March 22, 2016

A recent American Bar Association resolution on regulating non-traditional legal services providers coupled with a pilot project with Rocket Lawyer has stirred opposition among bar associations.

Southern District launches initiative to help pro se litigants

March 22, 2016

In response to a series of cases remanded from the 7th Circuit Court of Appeals, the Southern District of Indiana is attempting to recruit more volunteer attorneys and, in what one observer called a “very progressive” approach, enlist medical professionals to offer expert testimony.

Art project seeks images of Indiana’s courthouses

March 22, 2016

A project by the Indiana State Bar Association and currently on display at Conner Prairie seeks to highlight the beauty of Indiana’s courthouses, which are not only the centers of law, but focal pieces for small town centers.

Rewriting discipline rules for Indiana attorneys

March 22, 2016

The Indiana Supreme Court Disciplinary Commission would be limited to a one-year period of internal investigation of lawyers under a key change in an overhaul of rules governing attorney discipline.

Legislators bet on fantasy sports

March 22, 2016

With figures that say between 500,000 and 1 million Hoosiers play daily fantasy sports, state legislators decided now was the time to regulate the growing industry before it got too big.

Illustrating Indiana legal history

March 22, 2016

Courtroom artists have provided the images that go along with some of the most famous events in legal history. When judges prohibit cameras and video equipment at trials and hearings, television stations and newspapers turn to artists to provide the visuals.

Ruling ends statute of repose for some asbestos cases

March 22, 2016

The Indiana Supreme Court’s ruling that the statute of repose does not apply in prolonged asbestos cases could open the door for more cases to be filed, two Indianapolis attorneys said. However, they were split if the decision was the right one.

Study shows ‘problematic’ alcohol use by attorneys

March 22, 2016

A new study completed by the American Bar Association Commission on Lawyer Assistance Programs and the Hazelden Betty Ford Foundation has given some much needed data on lawyers struggling with substance abuse and depression.

House always wins: Court upholds sentence of man trying to launder money at casino

March 21, 2016

The 7th Circuit Court of Appeals upheld the denial of four motions to suppress evidence and exclude expert testimony in a case where a man was caught trying to launder money by stuffing the bills into a slot machine at the Horseshoe Casino in Hammond.

Pharmacists, state court administration enlisted in fight against meth labs

March 21, 2016

A comprise bill that would allow pharmacists to deny the sale of over-the-counter medicines containing ephedrine or pseudoephedrine was signed into law Monday.

Opinions March 21, 2016

March 21, 2016

Indiana Court of Appeals
Kulon N. Lewis, Jr. v. State of Indiana (mem. dec.)
02A03-1508-CR-1140
Criminal. Affirms Kulon Lewis Jr.’s conviction of attempted murder , a Level 1 felony, and the sentencing enhancement for using a firearm in the commission of an offense.

Supreme Court takes protection order case

March 21, 2016

The Indiana Supreme Court granted transfer to one case last week, denying seven other petitions.

Pence approves mandatory minimums for drug dealing

March 21, 2016

Gov. Mike Pence toughened sentences for drug dealers Monday, signing legislation that would mandate repeat offenders serve at least 10 years if their crime involves methamphetamine or heroin.

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