Articles

Jones: The ‘torrent’ that wasn’t: COVID-19 coverage cases

It’s been a little over a year since I first heard the term “COVID-19.” Back then, like many others, I thought Indiana would see a large number of suits attempting to force insurers to cover the myriad losses that resulted from the pandemic and its associated shutdowns. While there were some significant matters filed last year, to date, no Indiana state or federal case regarding COVID-19 insurance coverage has reached a decision on the merits.

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Wagner: Policy endorsements may unlock COVID-19 coverage

When restaurants forced to close due to COVID-19 turned to their insurers to offset their losses because they were unable to use their property as intended, many of us thought the prospects for coverage were good, especially under policies that did not have virus exclusions. But the insurance industry response was fierce.

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Start Page: Reduce cost of smartphone ownership: Limit interruptions

Over the next few articles, I will share some thoughts on setting your devices up for a “palm practice” (practicing law from the palm of your hand). Most lawyers now have smartphones or devices with us every day. But, with great power comes great responsibility. While these tools are helpful, they can also increase the sense that we should always be working on something.

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DTCI: For better or worse, Zoom has changed the practice of law

For lawyers, COVID has forced us out of courtrooms, mediations, conferences and client visits. Videoconferencing software, usually Zoom, has stepped in to fill the void. Zoom is an imperfect substitute with plenty of drawbacks. However, after nearly a year litigating cases via Zoom, it has become an ingrained part of the practice of law. Even after COVID, Zoom is likely here to stay.

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Young: Looking for greater equity in America’s caste system

I’ve been wrestling with the idea of a more just Indiana and what that really means and looks like for the millions of Hoosiers impacted by COVID-19, unemployment, racism and in some instances bad luck. COVID has wreaked havoc on customary ways of conducting business, all the while intensifying political divides in an already divided country. Is that disruption of “normalcy” a bad thing?

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Mizzell: You can’t ignore texts and chat messages in e-discovery

Texts and chat messages are informal and fragmented forms of communication that can be hard to address in both written discovery and the technical collection of documents. So here are a few suggestions to help attorneys who are just starting to grapple with this developing area of electronic discovery.

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Academic analysis: Fired for storming the Capitol? Of course

Can you be fired for joining a violent mob that storms the Capitol? Of course you can. Based on my experience as a law professor and lawyer specializing in employment law, I doubt that most employers are losing sleep over whether such decisions are legally justified.

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Hull: Trump election suits pose challenge for legal profession, bar

On Dec. 3, 2020, the group Lawyers Defending American Democracy issued a “Call for Bar Condemnation and Investigation of President Trump’s Campaign Lawyers for Subverting American Democracy.” I am one of the hundreds of lawyers who signed. I did so not only because of the present constitutional crisis, but for an additional individual reason: to personally honor the valiant work of the lawyers in the NAACP Legal and Education Fund Inc. and to mark a distinction between their achievements and the damage to our profession inflicted by these recent worthless cases.

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Stafford: American legacies, for good or ill, now forming

A few lawyers have gone to court since Donald Trump lost, attempting a legal coup arguing that 74 million is greater than 81 million. By no coincidence, the votes these lawyers seek to disqualify — to vilify — are almost without exception those cast by Black voters. I take comfort, though, knowing the American rule of law, such as it is, stands because men and women of goodwill guard it.

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Makris: Review of notable Indiana property division cases in 2020

In 2020, the Indiana Court of Appeals issued three notable decisions relating to the division of property in dissolution of marriage cases. From the interpretation of asset appreciation in premarital agreements to the admissibility of mediation evidence in actions to avoid or enforce a settlement agreement, the following are three cases that provide valuable takeaways for family law practitioners.

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Morris: It’s time for my first retirement

In just a few short days, Dec. 31, 2020, will mark my last official day with IBJ Media. I’m calling this occasion my “first retirement.” Nate Feltman, president, CEO and co-owner, will pick up publisher duties upon my departure.

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