Archives for June 2015
By: Vess A. Miller, Attorney
As a class action lawyer, I spend most of my time trying to get money back for consumers and businesses that have been victims of a scam or unfair practice or event. One little-known benefit of the job though is that sometimes I also get to use a class action to help fund a charity or cause, through what is known in legal terms as the cy pres doctrine. The Indianapolis Star recently ran a pair of stories (1 and 2) about how one of Cohen & Malad’s class action cases is helping fund a free consumer lawyer for the poor, and I think it is worth sharing how the cy pres doctrine works in class actions and how it worked in that case.
By: Julie Andrews, Attorney
A few years ago, the legislature passed a law that changed the age of emancipation in Indiana. Children are emancipated at age 19. The legal effect of this is that parents no longer have a legal obligation to financially support children once they attain 19 years of age. But what happens if a parent has a child with a disability? The controlling statute regarding emancipation Indiana Code § 31-16-6-6 which states in relevant part:
(a) The duty to support a child under this chapter, which does not include support for educational needs, ceases when the child becomes nineteen (19) years of age unless any of the following conditions occurs:
By: Arend J. Abel, Attorney
In Part I of this article, we explored a lawyer’s duty to report misconduct by opposing counsel in a representation and saw that the duty hinges on whether there is client consent to the report and that a lawyer cannot even ask the client to consent if the report would prejudice the client’s interest. This Part will explore the lawyer’s duty to report misconduct if those complicating factors aren’t present, for example where the lawyer learns of the misconduct outside the context of the lawyer’s representation of a client, or in instances where the client consents.
By: Gregory L. Laker, Attorney
Trinity Industries, Inc. may be the focus of a criminal investigation by the United States Department of Justice.
Trinity Industries was accused of defrauding the government by failing to disclose a design change to its ET-Plus guardrail system that has led authorities to question the safety of the devices. Last Fall, A Texas jury awarded $175 Million dollars in a whistleblower lawsuit brought against Trinity. The New York Times reports that the Justice Department has recently requested documents and other records related to that lawsuit.
By: Edward B. Mulligan V, Attorney
Memorial Day marks the beginning of summer and summer in Indiana brings hot weather. What is the best way to combat the hot weather? The pool, the lake, and the boat! Unfortunately, these popular summer options are not without risk. The Centers for Disease Control and Prevention (CDC) reports approximately 10 people die every day from unintentional drowning. Additionally, a 2013 U.S. Coast Guard report stated 77% of fatal boating accident victims drowned. And 84% of those drowning victims were not wearing life jackets.