By: Daniel S. Chamberlain, Attorney
On April 18, 2016, the Third Circuit Court of Appeals affirmed the largest class action settlement in United States history. The class action involved allegations that professional football players were knowingly put at risk of repetitive brain trauma, including dementia, Parkinson’s and other degenerative brain conditions by their employer, the National Football League (NFL). Retired NFL players alleged that the NFL suppressed information about the link between brain injury and football. The NFL settled the case without admission of fault.
As a malpractice attorney, I receive many calls from potential victims of dental malpractice. As I explained in Part I, unfortunately, dental malpractice cases are tough because they are expensive to bring and can take years to resolve – just as a medical malpractice case. This means that dental injuries that are not permanent and are not substantial may not be enough to have an attorney bring a case on your behalf. If, however, you do not have a permanent injury or if you do not have a significant injury, and you cannot find an attorney to represent you, don’t give up – there are still other things you can personally do.
The Dentist. For most, those words just mean a routine dental appointment for check-ups and cleanings with the occasional follow up appointment to fill a cavity or have a root canal performed. For some, though, that routine trip to the dentist can turn into a complication that can change a life. If you find yourself faced with that situation – is there anything you can do? Is it dental malpractice?
By: Alexander C. Trueblood, Attorney
It doesn’t take a deep dive into semi-truck accident statistics to learn that the sheer size and weight of these vehicles contributes to the devastating impact and severity of injuries suffered by occupants of passenger vehicles involved in a crash. According to Indiana State Police crash records, fatal injuries involving large commercial vehicles including semi-trucks have increased 4.9% from 2010 to 2014. Additionally, the number of people who have suffered incapacitating injuries involving a collision with a commercial truck have also increased 15.1% during that same timeframe. Overall, economic costs of motor vehicle collisions in Indiana approached $3.8 billion in 2014.
By: Lynn A. Toops, Attorney
Complaints about identity theft rounded out the top five consumer complaints received by the Indiana Attorney General in 2015. This comes as no surprise given the increase in data breaches over the past few years. One of the first major data breaches occurred at Target stores. In 2013, Target stores announced approximately 40 million customers had their personal information compromised after hackers accessed debit and credit card information. This was considered one of the largest data breaches in history as cyber thieves accessed information stored on the magnetic strip on the back of these payment cards including names, card numbers, and three-digit security codes putting these consumers at a high-risk for identity theft.
Consumers are bombarded daily by advertisements for pharmaceutical drugs via television commercials, magazine advertisements, banner ads displayed on their computers, and emails. How does this constant stream of information impact a person’s decision to seek medical advice or inquire about a particular drug? What impact, if any, do these advertisements have on drug safety for patients?
Mediation Assistance Program Provides Valuable Experience to Attorneys While Helping the Underserved
By: Aaron J. Williamson, Attorney
The Indiana State Bar Association (ISBA) encourages attorneys to promote equal access to justice through pro bono work for underserved residents. The United
States District Court for the Southern District of Indiana has a growing need for volunteer attorneys to assist pro se litigants. This Court also provides a vehicle for volunteer lawyers to help; it is called the Mediation Assistance Program (MAP). The MAP program allowed me to fulfill ISBA’s charge.
By: Gregory L. Laker, Attorney
Tragically, we have seen an alarming increase in the sexual abuse of Indiana children recently. We shook our head in amazement when we read about the depraved sexual escapades of Jared Fogle, the formerly likeable Subway pitchman recently sentenced to 15 years in prison after pleading guilty to child pornography charges. More recently, an investigation into allegations of child pornography and child exploitation led to the abrupt resignation of Park Tudor basketball coach, Kyle Cox. It seems like every week we are reading about new allegations that involve one of our children’s teachers, coaches or mentors.
By: Lynn A. Toops, Attorney
Do you know whether your 401(k) plan administrator is making decisions in the best interests of your financial well-being? One group of Indiana employees has asked that question and now is taking action to protect themselves.
In December 2015, some Indiana residents with 401(k)s alleged in a class action lawsuit that Anthem breached the fiduciary duty owed to 401(k) plan participants by allowing the charging of unreasonable fees to 401(k) accounts. The Anthem plaintiffs contend that, even though cost-effective options exist, Anthem selected high-cost and badly-performing investments.
By: Arend J. Abel, Attorney
Despite what many Indiana lawyers believe, client testimonials are no longer absolutely barred by the Indiana Rules of Professional Conduct. They used to be, until January of 2011, when a set of amendments to the rules took effect. Until that time, former Rule 7.2(d)(3) expressly prohibited “use of any form of public communication which . . . contains a testimonial about or endorsement of a lawyer.” Testimonials aren’t even mentioned in the text of the current rules.