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Jury Trial Virgin

March 15, 2012 by cohenandmalad Leave a Comment

Ouch! Yeah, that title hurts. But, we have all been there. As we all know, jury trials just are not as common as they used to be, and it is not unusual for an experienced litigation associate to not have a jury trial under his or her belt.

What happens when that day has finally arrived? A partner or senior associate needs your help for an upcoming trial, and approaches you to help. What now? Your first jury trial is staring you in the face? What can you do to help make the trial less nerve wracking?
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Medical Malpractice and Adoption

March 14, 2012 by cohenandmalad Leave a Comment

by: David J. Cutshaw, Attorney
In an interesting case, the Indiana Court of Appeals recently ruled that adoptive parents could proceed with a medical malpractice case against a hospital for misrepresenting the health of a child the couple sought to adopt. In Jeffrey v. Methodist Hospital, adoptive parents asked the hospital for the health records of an infant to see if the infant had any major medical problems before they decided to adopt the infant. The hospital “neglected” to provide the adoptive parents and their attorneys with a sonogram report that showed the infant had a hole in his brain which was indicative of severe developmental issues. … Read More

How a Plaintiff’s Attorney Thinks

March 13, 2012 by cohenandmalad Leave a Comment

I recently had a conversation with a lawyer for a large pharmaceutical manufacturer. We were discussing the merits of a particular mass tort case. Near the end of our talk, he asked me whether I believed the pharmaceutical industry had any good intentions or purpose. I was a little shocked by his question and believe he asked me because of the heated debate that we had. I obviously gave him the impression that I was for the immediate destruction of the pharmaceutical industry, but this is not the case.
I am a trial lawyer. I make my living representing injured plaintiffs. I chose my profession because I believe in helping people. Many of the clients that I represent have had their lives permanently changed because of a defective medical device or drug. I feel a great sense of duty to help these people seek justice and receive compensation for their injuries so they can put their lives back together.
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How to Avoid A “Lott-o” Drama: A Perfect Argument for a Premarital Agreement

March 8, 2012 by cohenandmalad Leave a Comment

by: Julie Andrews, Attorney
Imagine holding the winning Hoosier Lotto ticket worth a cool $34.5 Million dollars! Then imagine having to give half of it away to a soon-to-be ex spouse! Not too enticing, is it?
Lottery Ticket.jpg For those of you who have not followed the drama behind the recent Hoosier Lotto winning ticket, the story goes like this: A winning ticket was sold in Shelby County worth $34.5. A few days later, a woman received a call from her estranged husband, who coincidentally lives in Shelby County. The husband requested finalization of their divorce. … Read More

The New iPad: Another Leap Forward for the Mobile Lawyer

March 7, 2012 by cohenandmalad Leave a Comment

by: Jeffrey A. Hammond, Attorney
This afternoon Apple unveiled the new iPad. Lawyers who have already embraced the iPad already know the transformative effect it can have on your practice. The new iPad features and upgrades announced today make the new iPad an even more valuable tool for today’s mobile lawyer. While there are many impressive upgrades in the new iPad, the following are a few that will make the new iPad an even more useful tool for your practice.
FINALLY, A RETINA DISPLAY FOR THE IPAD
Graphics, text and icons are going to be sharper and easier to read than e
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Who Gets the Dog: How Pet Custody Works

March 7, 2012 by cohenandmalad Leave a Comment

by: Brian K. Zoeller, Attorney

Custody disputes often play a part in divorce proceedings. Even though the marriage is ending, a couple may have children to raise and want to remain active parents and do what is in the best interest of the child. Joint custody is a popular choice for many parents and allows them equal opportunity to spend time with their children. The alternative is an arrangement where one parent has primary custody while the other retains rights of parenting time and is able to maintain a presence in the child’s life.
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Mass Torts v. Class Actions

March 6, 2012 by cohenandmalad Leave a Comment

People generally assume that because someone is a lawyer, they must know about every area of law. While lawyers might have a basic understanding of multiple areas of law, asking a tax lawyer about class actions and mass torts, is the equivalent of asking a pediatrician about brain surgery. While the paths of class actions and mass torts may cross paths, they are separate and distinct legal proceedings. People often, understandably, confuse the two.
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Indiana Summary Judgment Standard Changing?

February 29, 2012 by cohenandmalad Leave a Comment

by: Arend J. Abel, Attorney
On February 10, the Indiana Court of Appeals issued an opinion that has the potential to remake summary judgment procedure in the Indiana state courts. The opinion, Commissioner of the Indiana Department of Insurance v. Estate of Black, No. 64A05-1104-CT-240, holds that a party moving for summary judgment is not required to negate an element of the opponent’s case, but can simply assert that the opponent does not have enough evidence to create a jury question on one or more elements. That holding appears to conflict with the decision of the Indiana Supreme Court in Jarboe v. Landmark Cmty. Newspapers of Indiana, Inc., 644 N.E.2d 118 (Ind. 1994), and review of the issue by the Indiana Supreme Court on transfer, either in Black or in another case now seems highly likely.
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The Realities of the Courtroom

February 28, 2012 by cohenandmalad Leave a Comment

Life is full of exciting moments…
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Tort Reform – It Has Nothing to Do with Dessert.

February 22, 2012 by cohenandmalad Leave a Comment

by: Edward B. Mulligan V, Attorney
Do you know what Tort Reform is? Not quite sure? Well, you’re not alone; most Americans don’t. However, before you decide who to vote for in the November elections, it is critical that you be well-informed on this important issue. Don’t worry, I’m here to help.
What is a Tort?
The best place to start is by defining the word “tort.” And no, it’s not a dessert–that’s a torte with an “e.” A tort is a civil wrong arising from an act or failure to act for which an action for personal injury or property damages may be brought in civil court. … Read More