Viewpoint - The Indiana Lawyer

Stafford: Crooked Lake, St. Joe judicial bill merits a veto

April 14, 2021 | Dave Stafford

A parade of attorneys from Lake and St. Joe counties testified against House Bill 1453. Most spoke in disbelief that this was happening without any prior consideration. They explained why they had taken their time and traveled all the way down to Indianapolis, some twice, to tell lawmakers why this is a bad idea and why the current judicial nominating system works. It was enough to give any reasonable person pause. But this is the Indiana Legislature we’re talking about.

Bont: White collar update — Walmart pharmacy defense plays offense

April 14, 2021 | Jonathan Bont

Walmart took issue with the government’s assertion that national pharmacy chains are required to analyze and share prescribing data across its stores and with line pharmacists. After waiting four years for the government to initiate legal proceedings, Walmart took the offensive and filed a declaratory judgment action in the Eastern District of Texas. In essence, Walmart alleged to the court that the government was creating and enforcing laws that did not exist.

Stafford: A veteran of Indiana GOP politics looks on, shakes his head

March 3, 2021 | Dave Stafford

I asked former three-term Indiana Attorney General Linley Pearson, if you were a younger person today, would you run for office? He didn’t hesitate. “There’s no question today I could not be in politics,” he said. “It’s just totally changed, and it’s not very attractive to me. … If you want to exaggerate or malign a person, you could always do that, but do you want to do that?”

Betz: Lawmakers propose ‘radical’ bid to reshape judicial selection

February 17, 2021 | Kevin Betz

By initiating a constitutional amendment based on misinformation, three Indiana Republican state senators, now joined by multiple others, have proposed a radical resolution to eliminate citizen involvement in the retention vote of appellate judges, changing the current selection process that has been in place for 50 years. This proposal also severely decreases judicial independence and increases the political pressure on our state’s appellate judiciary. Indeed, if successful, the proposal would give the legislative branch far greater control over the Indiana state appellate judges and justices. It would also further embed in Indiana’s Constitution more systemic racism.

Dreyer: On our oath: ‘Judge, will you swear me in, please?’

February 17, 2021 | David J. Dreyer

Despite serious travails during our history, presidential inaugurations seem to allow for a pause and some national confidence. Noting this recently, it is perhaps well that we set briefly aside our current concerns and allow some reflection to lighten us up and to observe the critical importance of the judicial branch.

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

February 3, 2021 | Ahmed Young

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?

Morris: It’s time for my first retirement

December 23, 2020 | Greg Morris

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.

McCabe: Biden will reverse Trump environmental policies

November 25, 2020

The Trump administration has used many tools to weaken environmental protection. For example, Trump issued an executive order in June 2020 to waive environmental review for infrastructure projects such as pipelines and highways. I expect the Biden administration will quickly signal to the nation that effectively applying the nation’s environmental laws matters to everyone – especially to communities that bear an unfair share of the public health burden of pollution.

Pro Bono Matters: Immigration volunteers take on challenging opportunities

November 25, 2020 | Emily Kile-Maxwell and Zena Braish

While many things have changed this year, the need for pro bono immigration lawyers has not. Indiana lawyers have a range of opportunities to get involved in immigration law.

Stafford: Let’s make a game of what’s dividing Americans

November 11, 2020 | Dave Stafford

Here’s a modest proposal for electing our next batch of leaders: Let’s randomly select people to run for federal office and build reality television programming around them. I’m certain we can find sponsors and patrons, and how can it possibly be worse than our current system?

Young: For voting to count, access to casting ballots is essential

October 14, 2020 | Ahmed Young

A core tenet of American citizenship is access to the ballot. Defining who is and is not a citizen has been used as a chess piece in many partisan and nonpartisan fights. Again the voting ritual is upon us, and I challenge voters to mark their ballots then plan to hold those they voted for or against accountable.

Stafford: Holcomb’s calculation leads voters to risk health or liberty

September 16, 2020 | Dave Stafford

Crises present tests of leadership, and Holcomb’s milquetoast excuses for not backing no-excuse mail-in voting during this time will haunt him and define him. This is easily his worst hour in a long political career.

Inbox: Letter to the editor — Medical expenses in personal injury litigation

September 18, 2019

When a client in a personal injury case decides to not claim the cost of medical care, you should file a motion in limine to exclude the cost.

Stafford: In judges shooting, time to investigate the investigation

June 11, 2019

When a man who police believe shot two judges in downtown Indianapolis walked free after the Marion County Prosecutor’s Office declined to charge him, everyone involved had to know the decisive inaction would combust into smoldering rumors and speculation.

Federal Bar Update: Be careful with summary judgment

May 28, 2019

As federal court practitioners know, in seeking summary judgment, the movant must set forth the facts favorably for the non-movant. In a recent ruling, Chief Judge Jane Magnus-Stinson issued a must-read 44-page opinion reinforcing the importance of this requirement.

Wood: A Day in the Life, or, how JLAP can help, 8 days a week

May 28, 2019

A day in the life at Indiana’s Judges and Lawyers Assistance Program often begins with a phone call, sometimes late at night or early in the morning, which could be a lifeline.

Sicuso & Miranda: What the omnibus gaming bill means for Hoosier casinos

May 14, 2019

Late into the evening on April 24, the Indiana General Assembly voted to approve what may fairly be referred to as the most significant omnibus gaming bill in a decade. Here’s a high-level breakdown of what the final version of HEA 1015 does.

Stafford: 29 lawyers and a judge walk into a brewpub …

April 30, 2019

Sorry, there’s no punchline. That’s just what we’re looking forward to on Wednesday, May 8, when we will celebrate Indiana Lawyer’s 2019 Leadership in Law honorees and past award recipients at a special recognition event at TwoDEEP Brewing in Indianapolis. We hope to see you there!

Law Student Outlook: Experiential learning puts traditional legal education to the test

April 16, 2019

As time has passed, professors have moved away from the harsh classroom environment, as seen in “The Paper Chase,” and moved toward a more supportive and educational classroom setting. Along with that change, law schools have begun to place a significant value on experiential learning.

DTCI: A dramatic, real life slip-and-fall case fit for television

April 16, 2019

Is being an attorney as exciting as it looks on TV? I’m sure as lawyers, we have all heard one version of this question or another. Usually, I say, “Nah, television makes everything seem more dramatic.” I definitely watch shows that depict lawyers with a healthy dose of eye-rolling. My 2019 practice of law, however, started off with a story fit for television.

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