BleekeDillonCrandall

Health Care Providers and Social Media: Too Risky?

2012-02-23T15:03:00.000-05:00

By: J. Richard Moore
BleekeDillonCrandall Attorneys

A recent article published on socialmediatoday.com suggests that unlike other professional industries, health care providers have been slow to engage on social media. The article posits that the key reasons for their reluctance stem from concerns about accountability and privacy. At its root, the issue seems to be that between the protections afforded under the Health Insurance Portability and Accountability Act (HIPAA) and more generalized notions of physician-patient confidentiality, many providers are concerned that a presence in social media threatens patient confidentiality and exposes them to expanded liability. The article makes the point that a lack of social media presence is itself risky for health care providers, and argues that the risk of not establishing a presence subjects providers to potentially negative commentary and characterization.

The risks to physicians, hospitals and similar providers posed by interaction on social media are analogous to a large extent to those faced by lawyers, a group which in my experience has fairly enthusiastically embraced social media, and opportunities for professional on-line communication and networking. Like physicians, lawyers are bound by client confidentiality. We are also bound by rules of professional conduct that regulate what we are permitted to communicate about our services and our experience. This does (or should) cause us to be cautious and deliberative when engaging social media, particularly when we do so under color of our profession and/or our firm. Notwithstanding these restrictions, lawyers have been active in social media for many years.

On the other hand, health care providers have to be concerned about additional scrutiny that we lawyers do not. This includes state and federal oversight associated with Medicare and Medicaid, as well as board licensure review. Health care providers also face heightened attention and expectations of accountability when there is a bad patient outcome. Providers may be understandably leery of engaging in yet another form of exposure and communication in which there is certainly opportunity for “bad press.” However, as the socialmediatoday.com article suggests, media silence can be detrimental both from a financial point of view and in the arena of public opinion. Even social media silence.

http://socialmediatoday.com/node/452497&utm_source=feedburner_twitter&utm_medium=twitter&utm_campaign=autotweets

How Good Lawyers Get Fired

2012-01-26T13:16:00.000-05:00

By: Jim Bleeke
BleekeDillonCrandall Attorneys

Over the past three years, I have had five different cases transferred to me in mid-stream from five different law firms. In addition, several new clients come to our firm because they were dissatisfied with their previous lawyers. While I am always grateful for the opportunity to assist existing clients with troubling cases or to work with new clients, I never look forward to the initial conversation with the lawyer from whom a case is being transferred. (To the credit of the attorneys whom have transferred cases to me, they have always done so professionally and they always have been courteous and helpful to me.) When I mention to my partners or other good friends who are attorneys the names of the lawyers from whom these cases have been transferred, I often get a puzzled look and a comment of, “Wow, that person is a really good lawyer. I wonder why the client transferred the case.” I have even had the transferring attorney ask me why I thought the case had been transferred from them. These situations beg the question “How do good lawyers get fired?”

In my experience, the decision to transfer a case away from an attorney rarely has to do with the attorney’s trial skills or intellectual legal abilities. Instead, from listening to clients and reviewing the files after they have been transferred, the reason for the cases being transferred almost always boils down to one basic problem¬—the failure to truly know what the client wants.

Specifically, the failure to know and deliver what the client wants normally falls into three categories. The cases or new clients that have been reassigned to our firm result from the following:

1. Failure to understand and embrace the client’s reporting requirements that are necessary for the client to make timely evaluations and reserving decisions on their cases;

2. Failure to understand and embrace the client’s attitude toward settlement versus trial and particularly prior to a scheduled mediation;

3. Failure to fully realize that the client, not the lawyer, should be deciding if and when a case will settle and which cases the client truly wants to defend through trial.

In my experience, even highly skilled lawyers, with excellent trial abilities, can fail to recognize what is truly important to the client. Often those lawyers are extremely busy and believe that their greatest priority is preparing the best possible legal defense in each case, and that the clients and the people managing the litigation will just have to understand the demands on the trial attorney’s time and how the client’s expectations cannot always be met. However, clients tend not to see the world that way.

During the ten years I spent as in-house counsel at a medical malpractice insurer, the lawyers that I truly appreciated most were the ones who could prepare excellent defenses and still provide me with the information I needed to evaluate cases and make decisions on which cases to try and which ones to settle. Those lawyers were every bit as busy as the lawyers who did not provide timely reports, or who complained about having to try cases that they thought they might lose. When we had to transfer cases from one lawyer to another, we always sent the transferred cases to the lawyers who we KNEW would provide us with timely evaluations and give us the information we needed to make the crucial decisions.

I look forward to hearing an excellent discussion of these types of issues at the upcoming DRI Medical Liability and Health Care Law Seminar, March 8-9, 2012, in New Orleans. Stan Starnes, currently CEO of a very successful medical malpractice insurer, and previously an outstanding trial lawyer for many many years, will be speaking on Representation of Health Care Providers: Expectations and Opportunities. I cannot think of any lawyer more qualified to talk about these issues from the perspective of both the trial lawyer and the client than someone with Stan’s outstanding trial skills and experience and his intimate knowledge of what it takes to successfully manage many challenging cases across the country. (In addition, I always look forward to socializing with my many good friends and colleagues who are involved with DRI’s many excellent medical liability programs.)

Bigger is Not Always Better

2012-01-16T09:21:00.000-05:00

By: Jeb Crandall
BleekeDillonCrandall Attorneys

Over the last few years, Indianapolis has seen several of its largest and most prominent law firms splinter and merge with existing firms, several of which merging with large out-of-state firms. These mergers often result in the severance of various practice groups within the new firm, causing many employees (attorneys and staff) to seek new employment. The “large firm” model seems to be heading the way of the dodo bird due to skyrocketing overhead costs and clients looking to cut costs and perform more work in-house.

Some of the greatest benefits of working in a smaller firm are that we don’t have the enormous overhead costs or the proverbial “mouths to feed.” We can also be more flexible when it comes to fee arrangements with clients. In addition to the economic benefits associated with a smaller law firm, there are other intangible benefits as well. For instance, I actually know everyone that works in my office!! This provides for a much more congenial and collaborative work environment, which in turn provides a greater work product and result for our clients.

No Playoffs In Indy – Just Super Bowl

2012-01-12T14:03:00.000-05:00

By: Jim Bleeke
BleekeDillonCrandall Attorneys

January in Indianapolis seems a little empty this year without our Colts in the playoffs. (We all hope that Peyton gets healthy and Andrew Luck joins us to begin another long run of playoff appearances for our home town team.)

Instead, this year our city is preparing to display Hoosier Hospitality to the many guests who will attend Super Bowl XLVI. Our new convention center connected to Lucas Oil Stadium and many new downtown amenities are ready for the enjoyment of fans from around the country. We are very proud of Indianapolis and its people and feel very fortunate to live here. We hope our Super Bowl visitors have a great time in our city.

We invite any of our clients who visit Indy for the Super Bowl to contact us to assist with accommodations, advice on fun activities, or to share a meal or drinks so we can join in the fun!

BleekeDillonCrandall Reflection

2012-01-04T13:55:00.001-05:00

By: J. Richard Moore
BleekeDillonCrandall Attorneys

For most of us, the transition from one year to the next is a time for reflection. For individuals, holiday activities and celebrations with family and friends often resurrect memories from previous years and provoke an anticipation about what the new year will bring. For businesses like BleekeDillonCrandall, whose fiscal year tracks the calendar year, this time of year involves assessing the performance of our professionals collectively and individually over the past year, and endeavoring to make educated predictions about our performance for the next.

For us, that is especially challenging given the development of our firm during 2011. The firm emerged at the beginning of the year with a new name and new leadership, and with a renewed commitment to providing the absolute highest level of client service in a collegial and even fun work environment. At this time last year, two of our professionals (including the author of this entry!) had not yet come aboard. On March 1, I joined the firm in an effort to complement BleekeDillonCrandall’s existing medical and long-term care practice, and to add the defense of product liability claims and defense of other professionals including builders, architects and engineers. On July 1, Stephanie Franco Holtzlander joined us, bringing her substantial experience in defending hospitals and medical professionals against liability claims. Since then, our team, including principals Jim Bleeke, Carol Dillon and Jeb Crandall, along with attorneys Chris Simpkins, Milt Thompson and Kristen Halliden, and our trusted staff, have worked to solidify our base of experience and to strengthen even further our dedication to responsiveness and results for our clients.

So, as we reflect on the past year and plan for the year to come, the challenge of the unknown is one we readily accept, and even look forward to. If 2011 was a year of successful transition, we expect 2012 to be a year of unmitigated success, as we build on the strong base we have established.

Special Rules for Regulated Professionals

2011-12-22T14:09:00.000-05:00

By: Milt Thompson
BleekeDillonCrandall Attorneys

The Indiana Act makes few special provisions for professional limited liability companies. This section should be seen as augmenting the above general discussion of Indiana LLC law.

Except for the provisions in the Indiana Act concerning personal liability of members, managers, employees, and agents, that Act does not restrict or limit the authority and duties of licensing authorities who regulate the provision of professional services. Similarly, the law applicable to the relationship between a person rendering professional services and a person receiving them is not altered. A person’s acts or omissions subject that person to whatever legal consequences are otherwise applicable, notwithstanding that person’s status with regard to membership in, or management of, an LLC.

The Act permits professionals to practice as LLCs to the extent the applicable licensing authority permits such practice. The Indiana licensing authority must comply with proper administrative provisions as outlined in I.C. 23-1.5. Under Indiana law, a professional corporation may be formed to render professional services. The law specifically allows for the corporation of accountants, architects, attorneys, health care providers, veterinarians, and real estate professionals.

Chief Justice Shepard Retires from Indiana Supreme Court

2011-12-12T15:44:00.000-05:00

By: Chris Simpkins
BleekeDillonCrandall Attorneys

Chief Justice Randall T. Shepard began his position on Indiana’s highest court at the young age of 36. He was subsequently elevated to the position of Chief Justice a mere two years later at the age 38. At that time, he was the nation’s youngest chief justice. Now, after serving over twenty-five years and championing such efforts as modernizing the state’s court system and local government reform, Chief Justice Shepard has decided to retire from the court at the age of 64.

Governor Mitch Daniels issued this statement regarding Chief Justice Shepard: "Most Hoosiers recognize the historic place Randy Shepard will always hold in Indiana judicial history. What fewer people may know is there is no more nationally respected Supreme Court judge in any state in America, and this has been so for a very long time.”

The Indiana Judicial Nominating Commission is now tasked with finding Chief Justice Shepard’s successor, with interviews scheduled to begin in February of 2012. Governor Daniels will then choose a replacement from the Commission’s recommendations.

The Journey’s Account Statute Strikes Again

2011-11-28T15:53:00.003-05:00

By: Carol Dillon
BleekeDillonCrandall Attorneys

In another recent opinion from the Indiana Court of Appeals, the Journey’s Account Statute (“JAS”) has been used effectively to save an otherwise untimely medical malpractice claim. In Northlake Nursing and Rehabilitation Center v. Estate of Cocteus Mason, decided November 15, 2011 by the Indiana Court of Appeals, the Court held that the Estate’s medical malpractice claim was not barred by the statute of limitations even though it was filed over two years after the date of the malpractice. Cocteus Mason died at the nursing home in October, 2008. In February. 2010, his Estate filed a Complaint in Lake County Court alleging wrongful death. The nursing home moved to dismiss because it was a “qualified” health care provider under the Indiana Medical Malpractice Act and the Plaintiff had not first presented the case to a medical review panel. In July, 2010, the trial court granted the nursing home’s Motion to Dismiss. In January, 2011, over two years from the date of Mr. Mason’s death, the Estate filed a Proposed Complaint with the Department of Insurance. The nursing home filed a Motion for Preliminary Determination of Law with the trial court, moving to dismiss because the statute of limitations had passed. The Estate responded that the action was saved by the Journey’s Account Statute, which they claimed extended the statute of limitations because of the earlier-filed case in Lake County. The trial court agreed and the nursing home appealed.

The nursing home argued that the original action failed because of negligence in the prosecution of the action because the Estate failed to first file in the Department of Insurance against a qualified provider. Negligence in the prosecution of the action is an exception to the savings clause of the JAS. The Court of Appeals held that the nursing home failed to demonstrate negligence in the prosecution of the action and the Estate had three years from the date its original complaint was dismissed in state court to file in the Department of Insurance. This is now the second case in the last several months from the Court of Appeals that relieves the plaintiff from the duty to do some due diligence before filing a complaint to determine whether or not the complaint belongs in the Department of Insurance or in state court before the statute of limitations expires.

Very Thankful For Our Clients

2011-11-17T11:57:00.000-05:00

By: Jim Bleeke
BleekeDillonCrandall Attorneys

As we near Thanksgiving, I just want our clients to know how truly blessed we feel to have the best clients I have ever had. I frequently tell lawyers around the country that I simply do not have ANY clients that I do not REALLY like! Other lawyers often look at me in disbelief like I am from a different planet. But it is true!

Our firm is lucky enough to have clients who are intelligent, practical, appreciative and even fun. No wonder our attorneys love what we do and strive so hard to produce great results for clients we really, truly like.

Thanks to all of you for making our work life great!

OUTREACH, INC

2011-11-16T10:25:00.001-05:00

By: Stephanie Franco Holtzlander
BleekeDillonCrandall Attorneys

Did you know that hundreds of youth age 14-24 live on the streets of greater Indianapolis as a result of abuse, neglect, family crisis and poverty? Almost invisible to society, many of our city’s teens and young adults often slip through the cracks of our social system and into a world of desperation. They turn to drugs, crime or prostitution to get food, shelter and clothing. They need someone who cares.

OUTREACH, INC. reaches out to help homeless and runaway youth find a safer and more stable life. Every week OUTREACH, INC street teams search for youth in abandoned buildings, parks, wooded areas and under bridges to offer practical assistance like food, clothing, bottled water and first aid. OUTREACH, INC’s staff listens to each story and builds the trust necessary to bring change to their lives. Their 24/7 crisis hotline allows street youth to call any time with their deepest pain, often enabling ministry to those contemplating suicide.

I would like to invite you to a special benefit concert. OUTREACH, INC, along with Bobby Hayden and Friends, is presenting a Christmas Concert “No Room at the Inn” on Friday, December 16, 2011 to benefit the organization and assist with their continuing efforts to provide hope for homeless youth. The concert will be held at The Fountains in Carmel and is hosted by North Park Community Church.

I know there are so many worthy and deserving charities that you all selflessly support; however, this effort is particularly compelling and inspiring to me. Bobby Hayden is my uncle and he once was homeless. Uncle Bobby was born in Evansville, Indiana and had an accomplished childhood show business career across the country. (See 8-year-old Bobby perform Bye, Bye Blackbird on Ted Mack and the Original Amateur Hour Show http://youtu.be/VBDEAN_5qEY) Bobby moved to Los Angeles in 1979 and became a fixture on the local circuit. Uncle Bobby is a gifted vocalist and his high-energy guitar ability captured audiences across the country. He toured and performed with Quiet Riot, Mountain, Pat Travers, Rick Derringer and Molly Hatchet. You can search “Bobby Hayden” on www.youtube.com for more videos.

Sadly, Bobby experienced some very dark times and our family lost him to the streets. A career “hiatus” turned into eight years of drug addiction and homelessness. Bobby lived in a cardboard box and truly was one of the lost and desperate souls that had fallen through the cracks of our society. Today, through the power of rehabilitation and salvation, Bobby is living in his own home and teaches music to students and young artists, including our 8-year-old daughter, Marya. He is also sharing his story and working to empower our city’s homeless teens and young adults to exit street life.

Please join my family and me on December 16th at 7:00 p.m. for the “No Room at the Inn” concert featuring my Uncle Bobby Hayden and his musical friends. Our daughter, Marya, will also perform. Tickets are $10. If you cannot attend, please go to www.outreachindiana.org to make a donation. Also, if you have any questions, please feel free to contact me. My email is stephanie@bleekedilloncrandall.com.

Thank you for your time and support. Stephanie.

Don’t Blame Peyton

2011-11-16T10:14:00.000-05:00

By: Jeb Crandall
BleekeDillonCrandall Attorneys

With the Colts off to a blistering 0-10 start, there has been much talk that the reason is because they are without their star quarterback, Peyton Manning. While there is no doubt that this has been a hindrance to the Colts returning to the playoffs, it is no excuse for such a horrific season. The last time I checked, Peyton didn’t play defense, he didn’t block during punts, and he didn’t make tackles on kick-off coverage. While Peyton may be the “glue” that holds the team together, it is unfathomable that one single player can cause a perpetually playoff-bound team to fall to the ranks of the 2008 Detroit Lions (sorry Lions fans). Where is the pride in the rest of these professionals? Why can’t coaching get the team to believe that they can win without one player? If you ask me, it is time for a complete makeover for the Colts in 2012. From management down to the players, it is time for a clean slate. Maybe with a little “Luck” in 2012, the Colts will be back on track.

PLUS Seminar

2011-11-04T09:39:00.000-04:00

By: J. Richard Moore
BleekeDillonCrandall Attorneys

I am writing from a hotel room in San Diego, California, where I am attending the Professional Liability Underwriting Society (PLUS) International Meeting. PLUS is a 25-year-old organization established for professionals who are involved in assessing and managing risk and confronting professional liability claims. Such claims include medical, hospital and nursing malpractice, where the preponderance of Bleeke Dillon Crandall’s experience lies, but also extend to claims against engineers, accountants, insurance professionals, bankers and business managers. The key focus of PLUS, and the International Meeting, is for members to share and exchange knowledge, develop contacts, and prepare ourselves for changes and challenges in the field as they develop.

Over 1100 attendees from the United States, Canada, England, Europe, Africa and Australia are here. They include primarily insurance professionals from underwriting departments, but also include risk management professionals and attorneys who, like me, defend professionals against liability claims and assist insurance companies in navigating difficult coverage issues. The keynote address was delivered by Tony Blair, the former Prime Minister of Great Britain. His address was outstanding, and the brief question-and-answer session following the formal address was even more enjoyable. The Q&A addressed such significant topics as the prime minister’s opinions on how to address the current global debt crisis, the prospects for peace in the Middle East, and who should portray him in a movie.

My interest in PLUS is motivated by a commitment to client service. That means having an awareness and knowledge of the structures and business issues that affect my clients, even when those issues are not directly implicated by a professional liability claim I am defending, or by an insurance coverage question arising under an existing policy. When I defend a claim against a physician, or a staff of nurses and nurse aides, or an architect or an engineer, I am not directly concerned with insurance coverage issues; but my client and/or the insurance company that hired me may be. When I analyze coverage for an insurer, I am not directly concerned with underwriting issues; but if the insurer’s position supported by my coverage analysis leads to litigation, underwriting issues may well be of interest to the claimant and subject to discovery. For these reasons---and because San Diego is beautiful at this, or any, time of year---I am enjoying the PLUS conference and my participation in the organization.

Are Your Consent Forms Sufficient Under New Case Law?

2011-10-27T12:13:00.004-04:00

By: Stephanie Franco Holtzlander
BleekeDillonCrandall

Does your Consent Form sufficiently notify your patient that her physician is an independent contractor?

If not, your hospital or nursing home could be held liable for services provided by physicians who are independent contractors.

The Court of Appeals of Indiana issued an opinion on October 25, 2011, Plank v. Community Hospitals of Indiana, et al, finding that the defendant hospital’s Consent Form did not adequately clarify the legal relationship between the hospital and the physicians furnishing services to the plaintiff patient. Finding that the language of the consent form gave the patient “no way to know which of the physicians who provided services to her were independent contractors and, specifically, whether the radiologist who provided services to her was one of the many,” the Court held that the form was ambiguous. Thus, there was no evidence the patient was provided "meaningful written notice" that her radiologist was an independent contractor---and the radiologist was, therefore, deemed to be an agent or employee of the hospital.

So, what is “meaningful written notice?” Some courts have found that a hospital will avoid liability for a contractor physician’s malpractice by providing meaningful written notice to the patient which is acknowledged at the time of admission. In Georgia this can take the form of conspicuous signs posted in a hospital’s registration area, along with express language in the patient consent to treatment form, See Cantrell v. Northeast Georgia Med. Ctr., 235 Ga.App. 365, 508 S.E.2d 716, 719-720 (1998). In Texas, written notice signed by the patient is sufficient to release a hospital from liability for a contractor physician’s malpractice. See Valdez v. Pasadena Healthcare Management Inc., 975 S.W.2d 43, 48 (Tex.App. 1998)

The Plank decision confirms that in Indiana as well, a hospital can avoid liability for a contractor physician’s malpractice by providing the patient “meaningful written notice” of the nature of its relationship with the physician. However, what constitutes “meaningful” is less clear. Plank suggests that specificity regarding which physicians are independent contractors is necessary to avoid fatal ambiguity. Specific written acknowledgment by the patient is also likely to carry significant weight.

BleekeDillonCrandall Attorneys will be following this decision and will continue to keep you updated. For now, hospitals and nursing homes should take this opportunity to review Consent Forms and make any changes deemed necessary. Please contact Stephanie Holtzlander for any further questions.

Indiana Ophthalmologist Wins Jury Trial; Plaintiff Takes Nothing

2011-10-24T15:15:00.000-04:00

By: Stephanie Franco Holtzlander
BleekeDillonCrandall Attorneys

Case Summary:

In November of 2001, a 74-year-old woman was suffering from cataracts. She scheduled cataract surgery at a Hospital in northern Indiana with an Ophthalmologist. The surgery was performed in November of 2001 and Ophthalmologist planned to include the insertion of a “posterior intraocular implant.” During the procedure, however, the Ophthalmologist encountered complications which prompted her to switch to an “anterior lens implant” instead.

Use of an “anterior lens implant” comes with some risk, among those risks are the possibility of increased pressure within the eye and damage to the optic nerve. In order to avoid this risk when implanting anterior lenses, it was suggested at trial that routine practice is for the Ophthalmologist to also perform iridectomies, which is the removal of a small portion of the iris. Ophthalmologist in this case did not perform an iridectomy.

Patient’s condition did not improve following surgery so she sought a second opinion from an ophthalmologist in her area. She then learned that she had elevated pressure in her right eye. With this knowledge, Patient underwent emergency Yag laser iridectomy in February of 2002. She was then referred to a cornea specialist who performed further surgery in May of 2002. Despite these repair surgeries, Patient claims to have resulting permanent damage to her right eye.

Patient brought a lawsuit pursuant to the Indiana Medical Malpractice Act and the case was submitted to a Medical Review Panel comprised of three ophthalmologists. Patient argued that the performance of an iridectomy is not simply customary when implanting an anterior lens, it is actually required by the standard of care. Patient maintained that Ophthalmologist’s failure to perform the procedure was a breach in the standard of care and caused permanent eye damage. The Medical Review Panel agreed and rendered an unanimous opinion against Ophthalmologist. Patient pursued her claim in state court.

This case was tried by a jury in Lake County Superior Court. Ophthalmologist argued that Patient’s outcome was related to her failure to follow doctor’s orders and pointed to Patient’s pre-existing conditions and failures by Patient’s subsequent doctors to recognize problems. Ophthalmologist relied on evidence from several ophthalmology experts. After three days of testimony, the jury returned a verdict in favor of Ophthalmologist with the Patient taking nothing by way of the verdict.

Analysis:

This case offers an excellent example of how a physician can prevail in a jury trial despite a unanimously unfavorable Medical Review Panel Opinion. Litigation, like other competitions, generally rewards the party that is the most prepared and has gathered the strongest resources. Working with medical malpractice defense counsel who are experienced and savvy in your field of medical expertise is essential to successfully litigating a medical negligence case in front of a jury. Assembling credible and highly qualified expert witnesses in cases involving medical questions that are controversial or where a question of proper technique exists, is very persuasive. In this case, Ophthalmologist’s use of experts carried the day.

For more information about this case or the BleekeDillonCrandall medical negligence defense team, please contact Stephanie Holtzlander at Stephanie@bleekedilloncrandall.com.

Abby Allen and Walter Moore v. Clairian Health Partners, Inc.

2011-10-13T14:38:00.000-04:00

By: Chris Simpkins
BleekeDillonCrandall Attorneys

On October 12, 2011, the Indiana Court of Appeals issued its opinion in Abby Allen and Walter Moore v. Clarian Health Partners, Inc, an interesting case regarding whether a hospital breaches its contract with uninsured patients by not including the exact price of medical services within the executed contract. According to the Court of Appeals, failure to include the price of medical services within the contract amounts to an unenforceable contract.

Because the undiscounted rates of the hospital were not disclosed prior to the uninsured patient’s signing contracts agreeing to pay for medical services, Indiana contract law only provided the hospital with a “reasonable charge.” Moreover, the Court of Appeals stated that the undiscounted rates, some of which were double what an insured patient would have to pay through his insurer, were “unreasonable” as a matter of law and amounted to a breach of contract. The Court of Appeals paid little attention to the hospital’s argument that courts were ill-equipped to determine the reasonable price of medical services, stating “it has long been the judiciary’s function to determine a reasonable charge when a contract lacks a definite provision for payment.”

This case will undoubtedly have broad implications for both hospitals and insurers throughout Indiana. At this time, it is unclear whether or not the hospital will appeal the decision to the Indiana Supreme Court. We will continue to monitor this case for any developments.

The Importance of Sticking to your Guns

2011-10-05T10:10:00.000-04:00

By: Carol Dillon
BleekeDillonCrandall Attorneys

I recently received summary judgment on a case in federal court. What makes this victory all the more sweet is that the federal judge, being a bit stubborn, set the case for two settlement conferences. At the first we offered zero and told the judge we would be filing a summary judgment motion. The judge was not happy and couldn’t believe we wouldn’t just settle a case to get rid of it, rather than spend the money to file a summary judgment motion or try the case. At the second settlement conference, we still offered zero and by this time our summary judgment motion was pending. Not only did the judge still question our position, but he reamed me and my client for not settling the case, which he thought was a bad business decision, since he thought the plaintiff would go away for next to nothing. We explained to him that it was not our strategy to settle cases to get rid of them and that typically begets more cases. The judge was livid. However, three weeks later, we got summary judgment and the case is gone. It wasn’t fun to have a federal judge throw his weight around and question mine and my client’s decisions. But we stuck to our principles and now the case is gone, really with minimal expense. Sometimes it makes sense to settle cases to get rid of them, but if that is not your position, do not let anyone force you into it.

DRI Nursing Home Seminar

2011-09-23T09:16:00.000-04:00

By: Jeb Crandall
BleekeDillonCrandall

Several of our attorneys (including myself) were in Boston, Massachusetts last week attending the DRI Nursing Home/ALF Litigation Seminar. While it is a great seminar for educational purposes, it is also a great seminar for meeting colleagues from around the country. It also gives us a chance to meet with several of our clients who we don’t get the opportunity to see very often as they are located out of state. While it may technically be considered “work,” it’s not too difficult to spend a few days each year in a great city (Chicago, Scottsdale, Las Vegas, etc.), catch up with old friends and make a few new ones, and even learn something along the way.

Update from DRI's ALF/Nursing Home Seminar

2011-09-15T13:39:00.000-04:00

By: Jim Bleeke
BleekeDillonCrandall

Several of Bleeke Dillon Crandall's attorneys who defend nursing home litigation (Jim Bleeke, Jeb Crandall, Richard Moore and Stephanie Holtzlander) are in Boston attending the national conference on Nursing Home Litigation presented by the Defense Research Institute (DRI). Our own Richard Moore is the Chairman of this seminar.

We have attended Panel Counsel Meetings held by several of our long-term care clients to discuss their priorities and goals, and to share experiences of their lawyers across the country. Among the themes that we are hearing from our clients are the following:

1. Regulatory oversight is becoming even more rigorous, while reimbursement for patient services is decreasing, which creates a more challenging environment for doing what is already a very difficult job.

2. The best defense to a lawsuit is to avoid it in the first place, by focusing on excellent patient care and promptly addressing patient mishaps and/or dissatisfaction.

3. When lawsuits do occur, the key is to evaluate the risks of each case accurately and reliably as early as possible, so that surprises do not occur as the case advances toward resolution. And early resolution generally is best for everyone involved.

Indiana Government Responding to State Fair Stage Collapse

2011-09-14T14:55:00.000-04:00

By: Jim Bleeke
BleekeDillonCrandall

Indiana Attorney General Greg Zoeller (presumably in close consultation with the Governor’s office) correctly decided to avoid a long litigation fight against its injured citizens by announcing that the State would not oppose recovery of the full $5 million under the Indiana Tort Claims Statute. Indiana also is following the lead of the United States government after the 9/11 tragedy by seeking assistance from John Feingold to help decide how to most fairly allocate the available funds under the Tort Claims Statute, as well as the growing charitable contributions to assist the victims.

These initial steps by Indiana State government, within three weeks of the state fair tragedy, are the right initial step toward using State Funds to help the victims, and not wasting State assets battling lawsuits by the victims. Some discussion also has begun regarding whether the Indiana legislature might make additional funds available beyond the $5 million cap to aid the victims.

DRI Nursing Home/ALF Litigation

2011-09-09T10:28:00.000-04:00

By: J. Richard Moore
BleekeDillonCrandall

During the week of September 12, 2011, several members of BleekeDillonCrandall will be participating in the Defense Research Institute Nursing Home/ALF Litigation seminar in Boston, Massachusetts. The seminar, which will be attended by over 500 lawyers, risk managers, insurance representatives and business owners, focuses on current issues involved in defending and trying lawsuits against nursing homes, assisted living facilities, home health and hospice services, and other providers of medical and nursing care to the elderly and others who require skilled nursing care.

This seminar is an important endeavor for the firm, and this year it is particularly special for me. I first attended this annual conference in 2004, after having worked in the defense of nursing homes and long-term care providers for about two years. That year the seminar was also held in Boston, and I was impressed by the range of talent among the speakers, and the level of sophistication and depth of experience among the attendees. I committed myself to becoming involved with the DRI Medical and Health Care Law committee, the Nursing Home/ALF Litigation subcommittee, and the steering committees for the annual seminars.

Three years later, in 2007, I had the opportunity to serve as a seminar speaker at the Nursing Home/ALF Litigation seminar in Las Vegas. That year I met and spent some highly enjoyable social time with Jim Bleeke and Jeb Crandall, who have also regularly attended the seminar. Although at that time I was living in south Alabama, the three of us kept in touch over the next few years, sharing experiences, defense strategies and professional contacts, and visiting twice at year at the DRI seminars.

Last year, I again had the opportunity to speak at the Nursing Home/ALF Litigation seminar, which was held in Chicago. Jim and Jeb attended again, along with their partner Carol Dillon. During that visit we first discussed the possibility of my joining Jim, Jeb and Carol in their thriving Indianapolis-based practice. By March 2011, that had become a reality, and in June 2011 we were joined by Stephanie Holtzlander. Incidentally, our mutual interest in having Stephanie come on board stemmed from spending time with her at another DRI conference, the 2011 Medical and Health Care Litigation seminar held in March 2011 in San Francisco.

This year, Jim, Jeb, Stephanie and I will be attending the Nursing Home/ALF Litigation seminar, where I have the privilege of serving as Program Chair. It is fitting to me that I am serving in that position in the same city, Boston, where I first attended the seminar long ago. We look forward to visiting with valued client representatives, renewing acquaintances with trusted colleagues from across the country, and learning from the panel of well-reputed speakers.

Parenting Time on Holidays

2011-09-02T13:11:00.000-04:00

By: Kristen Halliden
BleekeDillonCrandall

Divorced parents – the holidays are fast approaching and you need to start thinking about parenting time. Always take a look at your court order first and comply with what has been ordered in your case. If your court order specifies Indiana Parenting Time Guidelines make sure you read your copy of the Guidelines and figure out what the schedule is going to be. Let your ex-spouse know via email and make sure that there are no misunderstandings. Give the kids a heads up too so that they know what to expect on Thanksgiving Day, Christmas Eve and Christmas Day (or whatever other special holidays your Order provides for: Hanukkah, Kwaanza, etc.).

If your Court order does not specify parenting time as to holidays then make sure you and your ex-spouse have a written agreement in place. Do this via email – not texts so that everyone is on the same page. If you can’t agree now, you may need to think about filing a Petition with the Court to determine holiday parenting time.

If you both agree to deviate from the Court order or from the Guidelines, you should write up a very brief agreement and file it with the Court so that there will never be a question of one parent “withholding” the children from the other. If you don’t want your attorneys to draft the agreement, write up a simple paragraph that you both sign and date and file it with the Court yourself.

Holidays are rough enough and you do not want to add to the stress by having arguments over who will spend what time with the kids. Remember, the holidays are a magical time for children and we want to keep it that way for them!

Indiana Prisoners Don’t Have Right To Advertise for Pen-Pals

2011-09-01T10:14:00.000-04:00

By: Chris Simpkins
BleekeDillonCrandall

The Indiana Department of Correction’s policy that prohibits inmates from advertising for pen-pals was recently upheld by the 7th Circuit Court of Appeals. Prison inmates filed a class-action against the state alleging that the policy violated their rights to free speech. Not surprisingly, the Court agreed with the Department of Correction’s argument that prisoners’ rights to free speech must give way to prison security needs and the legitimate state interest of curbing fraud caused by inmates.

The Department of Correction’s policy was in response to an investigation regarding the source of funds in inmates’ trust accounts. The inmates were apparently misrepresenting themselves on the pen-pal website in an attempt to defraud other users. “A prohibition on advertising for pen-pals relates fairly directly to the goal of preventing fraud since it cuts off the inmates’ access to potential victims,” Judge William J. Bauer wrote for the 7th Circuit panel.

A Healthy Tree Can Impose an Unreasonable Risk

2011-08-25T10:27:00.000-04:00

By: Carol Dillon
BleekeDillonCrandall

A healthy tree can impose an unreasonable risk of harm to a neighboring landowner depending on its size and where it is planted.

The Indiana Court of Appeals recently reiterated and further explained a landowner’s duty to neighbors regarding potential injury or property damage from trees. Landowners have a duty to protect their neighbors from property damage or injury from trees on their property, whether the trees are healthy or unhealthy. Specifically, in Scheckel v. NLI, Inc., dated August 9, 2011, a landowner was responsible for $2,500 of damage to the neighboring landowner’s sidewalk and fence because the tree roots from a tree on the landowner’s property had obstructed both items. Even though the tree was healthy and the landowner had no reason to believe otherwise, the Indiana Court of Appeals held that the landowner should have known based on the location of the tree, and its size, that it might cause property damage. Under the Restatement (Second) of Torts, typically the natural condition rule exempts landowners from liability for injury or property damage arising out of the natural condition of the land. However, a historical exception to that rule is unhealthy or dead trees. The Indiana Court of Appeals found that there is no difference between a healthy tree and an unhealthy tree and both should be exceptions to the natural condition rule.

Litigation Attorneys & Risk Management

2011-08-03T13:29:00.000-04:00

By: Jeb Crandall
BleekeDillonCrandall

As litigation attorneys, we tend to focus on what to do after a lawsuit has been initiated. Who do we need to interview? What records do we need? Who should we depose? We don’t always remember that most of our clients would prefer NOT to be in litigation in the first place! So, as litigation attorneys, how can we advise our clients on risk management issues based on our experiences during litigation? Consider documents produced in discovery. Could certain damaging documents have been protected had different procedures been followed during the initial internal investigation? Does an “at-will” employment state affect what documents can (or should) be placed in a terminated employee’s file? When you come across these kinds of issues in the midst of litigation and discovery, don’t hesitate to contact your client to discuss how they can adjust their procedures to protect themselves going forward. While it may not help the current case, it lets your client know that you are looking out for their best interest across the board. As they say, “An ounce of prevention…”

Alleged Congressman Gabby Giffords’ Shooter Obtains Court Order To Avoid Forced Psychotropic Medications

2011-08-01T12:47:00.000-04:00

By: Jim Bleeke
BleekeDillonCrandall

A recurring issue that we have seen in correctional healthcare cases are prisoners who commit suicide or otherwise claim they are harmed due to their psychiatric condition. With 20/20 hindsight, the prisoners, or their families, commonly allege that proper medication would have prevented the prisoner from whatever harm occurred. However, plaintiffs in those cases ignore the prisoner’s constitutional right to be free of forced medication unless they have been determined mentally incompetent. That issue has been addressed very recently in the high-profile case involving the alleged assailant Congressman Gabby Giffords.

The United States Ninth Circuit Court of Appeals recently (July 6, 2011) granted a temporary injunction prohibiting the prison which was housing Jared Loughner from giving him involuntary psychotropic medications. The prison officials had given Mr. Loughner those medications on an emergency basis because they were concerned that he otherwise would pose a danger to himself or to others. The Ninth Circuit Court of Appeals found the involuntary medication of Mr. Loughner violated his liberty interest, namely his right to be free of the forcible administration of medication when he had not been previously found mentally incompetent.

This opinion once again demonstrates just how difficult the job of correctional medicine can be when confronted with a potential “Catch 22” situation in which involuntary psychotropic medications are not permitted by the courts, but any harm that befalls a prisoner can be second-guessed with 20/20 hindsight if any harm then befalls the prisoner due to a psychiatric condition.

New Indiana Supreme Court Decisions

2011-07-26T14:41:00.000-04:00

By: J. Richard Moore
BleekeDillonCrandall

A month ago, on June 29, 2011, the Indiana Supreme Court handed down three decisions which collectively held that under Indiana’s Adult Wrongful Death Statute, the estate of a deceased adult without a surviving spouse or dependents may recover attorney fees and “loss of services,” even though such damages are not explicitly authorized under the statute. Indiana’s General Wrongful Death Statute is intended to restore the pecuniary loss to the spouse and dependents of a person whose death is the result of tortious activity. The Adult Wrongful Death Statute was enacted to provide some means of recovery to the estate of a person who had no surviving spouse or dependents (such as a very young or a very old adult). The only damages specifically authorized under the Adult Wrongful Death Statute were final medical and burial expenses, and loss of love, society and companionship to the deceased person’s survivors. The latter category is capped at $300,000.

Leaving aside whether the Indiana Supreme Court “got it right” (notably, the Chief Justice wrote vocal dissents in each case, in which one other justice joined), this change in wrongful death recovery in Indiana directly impacts our firm’s medical and long-term care clients. The addition of attorney fees particularly broadens the scope of exposure in such cases, which frequently involve elderly and infirm patients without dependents or surviving spouses. While qualified providers’ exposure remains capped at $250,000 under Indiana’s medical malpractice statutes, this change in the law will likely increase the pressure on malpractice insurers and self-insured providers to settle for the limit of exposure. In addition, the change increases the overall exposure of the Patient’s Compensation Fund administered by the Indiana Department of Insurance.

A question that remains under the new jurisprudence is whether attorney fees and loss of services are subject to the $300,000 cap in the Adult Wrongful Death Statute. The Court’s legal reasoning for its holdings encompassed both the clause that provides for recovery which is not subject to the cap (final medical and burial expenses) and the clause which provides recovery limited to $300,000 (loss of love, society and companionship). It remains to be seen how these decisions will be implemented in practice. BleekeDillonCrandall lawyers will be monitoring these developments in our cases and in the trial and appellate courts.

Resurrection of Criminal Sentencing Reform

2011-07-11T16:11:00.001-04:00

By: Christopher Simpkins
BleekeDillonCrandall

Eric Bradner of the Evansville Courier & Press ran a detailed story this morning regarding two of Indiana’s most well-respected state senators, Sen. Richard Bray (Martinsville) and Sen. Brent Steele (Bedford), who are attempting to resurrect the failed criminal sentencing reform effort of last session.

Among other things, criminal sentencing reform has been a top priority for Governor Daniels in his last term in office. However, as of last session, both his and other legislators’ attempts at passing such sweeping reform ended in failure at the Statehouse. Not to be deterred, Eric Bradner confirms that Sen. Bray and Sen. Steele, both of whom head out-of-session study committees, will resurrect the effort in the upcoming legislative session.

The case for reform should again be compelling due to the immense overcrowding in Indiana prisons. Without meaningful reform, the State faces a choice of either building new prisons, which is tough to build into any budget, let alone a budget during an economic recession, or releasing convicted inmates earlier than scheduled. Neither option seems appetizing for legislators looking at re-election.

We will be sure to keep an eye on the reform efforts in the upcoming session. Passing any piece of legislation is a complicated process, especially sweeping reforms of the criminal code.

Keeping a Diary

2011-07-01T13:38:00.000-04:00

By: Kristen Halliden
BleekeDillonCrandall

If you are involved in any type of divorce or custody proceeding involving children – keep a diary. The diary should include attempts to contact the other parent and the dates and times that parenting time was exercised or not exercised. The diary should also note any issues that may arise that need to be addressed in negotiations or by the judge.

Use a monthly or weekly calendar and keep the diary in one spot and make sure it is updated consistently. Keeping this sort of log will help in future negotiations and hearings when the issue of custody and parenting time is addressed. Trusting to your memory in these types of situations won’t work (especially when emotions are involved!). Write it down in black and white so that you can refresh your memory at a later date and time.

Fireworks: Good Idea or Good Way to Get Sued?

2011-06-27T15:45:00.001-04:00

By: Carol Dillon
BleekeDillonCrandall

As we approach the July 4th holiday people are lining up at Phantom Fireworks to purchase artillery shells, sparklers, cakes, and any other loud sparkly thing they can get their hands on. I personally am not a fan of fireworks unless it’s watching professional displays from miles away. Yes, you may call me unpatriotic or even un-American. First and foremost, I’ve defended two different sets of homeowners involving fireworks accidents. The first was a neighbor’s boat dock that burned down as a result of neighborhood fireworks and the second was a rogue firework that accidentally hit and injured a child and a relative of the homeowners. If you’re thinking about lighting your own fireworks this year, think twice and think of all the things that could go wrong. They may cause injury, property damage, or cause you to get sued. While they look pretty and sound fun for a while, they always end up making dogs bark and shake with fear, and they inevitably end up in the neighbor’s yard, thus making your neighbors give you dirty looks the next day. So take my advice this year: save your money, save your neighbors anxiety, save your neighborhood dogs, and watch other people’s fireworks instead of setting off your own. You may then be just a witness rather than a defendant in a lawsuit.

Sincerely,

SCROOGE

We Love to Fly and it Shows…

2011-06-15T14:08:00.000-04:00

By: Jeb Crandall
BleekeDillonCrandall

As I was working my way through airport security a few weeks ago, I overheard someone in line complaining about the amount of security involved and the “invasion of privacy” he had to endure before boarding a plane. While I didn’t actually do it, I really wanted to turn around and ask him where in the Constitution are we afforded the “Right to Fly?” I may not have paid close attention every day in Constitutional Law class, but I’m fairly certain that clause is nowhere to be found. We should consider ourselves beyond fortunate to live in a time so technologically savvy that we can travel from coast-to-coast in only a few hours, and across seas in just a few more. With each new-found advancement comes the risk of greater trouble and potential for disaster. Therefore, our security measures must keep advancing as well. I am all for personal freedoms, but sometimes we have to make an exception for the good and safety of us all. If this takes an extra “pat down” or scanner that can see through our clothing, so be it. Would anyone really prefer the other option of what can and has happened during air travel? I don’t think so. So, for those who believe that their own individual liberty interests to be free from a security screening outweigh the good and safety of all of us, please feel free to travel this great land of ours the way our forefathers once did – by horse and buggy.

Blogs?

2011-06-03T13:30:00.000-04:00

By: J. Richard Moore
BleekeDillonCrandall

What is appropriate content for blogging on a law-firm-related website? I will answer that question first by noting that in law school I was instructed that while the Socratic method is a widely-accepted teaching tool, it is generally not good advocacy in legal memoranda or briefs. Nonetheless, lots of legal writers still do it. So, I open this blog entry with a generally poor but popular practice, that of asking a question in preface to answering it.

On, then, to the question itself. To paraphrase the movie version of Dorothy Gale, if I ever go looking for how to blog, I shouldn't go any farther than my own back yard. Accordingly, I review earlier entries by my colleagues here at BDC and note that no clear theme emerges. There are points of interest about substantive law and practice; reports of personal goings-on; musings and updates on sports and holidays; and other, even less definable entries.

If context provides no guidance, then consider what is appropriate against the more general standard of propriety ("appropriate" and "propriety" both emerge from the Middle English term propriete, meaning, generally, the properties or qualities of a person or thing). What is the property or quality generally of a law-firm-related blog (There I go again with the Socratic method)? To instruct on the law? To inform? To entertain? To familiarize the reader with the personalities of the firm lawyers and staff? To be cool? To get business?

I dunno, maybe. Let's come from the other route and consider what is NOT appropriate for a law-firm-related blog. Let's see: Curse words, for starters. Prurient matters, surely---I know it when I see it. What else? I've got one: invective or personal attack on other attorneys. Useless criticism of foe and friend. Whining. Gloating. Poor sportspersonship. General boorish online behavior.

Is anything else off the table? Politics, maybe? Religion? Whether one enjoys the television show Glee, but is put off by its cynical approach to the---ahem---interpersonal relations of depicted teens?

In the absence of a definitive answer, I will retreat into the self-centeredness that seems to be the touchstone of an individual's contemporary "web-presence": I will provide small nuggets of personal information designed to suggest to the reader that my life is accomplished and exciting, possibly more exciting than yours. Here they are:

1. When I was a kid, my favorite thing to eat was tuna salad prepared by my grandmother. She made it with her own sweet pickles that she prepared herself. My grandmother passed away last year after almost 10 years in a skilled nursing facility, and while I can replicate her recipe to an extent, it will never be the same because her process for making the homemade sweet pickles is lost, and was unique.

2. We don't eat tuna salad at my house anyway because something about the tuna, or possibly the mayo, triggers one of my wife's very small number of food allergies.

3. In lieu of tuna salad, I like to marinate tuna steaks in soy sauce, ginger and rice wine vinegar for a couple of hours and then sear it over a skillet for about a minute and a half per side. Tasty with a side of Asian slaw and a nice Cava or Marlborough Sauvignon Blanc.

See how exciting that was? From earthy and sweet to urbane and sophisticated in three steps, with just a tiny slice of TMI associated with my bride's esophageal function. Sorry, hon. Not particularly law-related, but safe and appropriate, and consistent with contemporary web usage. I am already looking forward to my next entry!

Mergers and Conversions

2011-05-26T15:03:00.000-04:00

By: Milt Thompson
BleekeDillonCrandall

Indiana LLCs may merge with or into another LLC, with the members’ interests being exchanged for, or converted into, an interest, obligation or other securities of the surviving LLC or into cash or other property. The Indiana Articles of Merger of Limited Liability Companies, State Form 49464 needs to be filed with the Secretary of State.

In order to effect a merger, each constituent entity must enter into a written merger plan that sets forth the name of each entity and the name of the surviving entity, the terms and conditions of the proposed merger, the manner of, and basis for, converting the interests in each entity into interests, shares, or other securities or obligations of the surviving entity, or of any other entity, into cash or other property, and any amendments to articles, operating agreements, certificates of incorporation or limited partnership, or other documents as are to result from the merger (or that no such changes are desired) and other necessary or desired provisions with regard to the merger.

The proposed merger plan must, unless the operating agreement provides otherwise, be approved by unanimous consent of all members. After the merger plan is approved and before articles of merger are filed, the plan may be abandoned (subject to any contractual rights) in accordance with a procedure set forth in the plan or, if none, by majority consent of the members of each LLC involved. If articles of merger have been filed, the Secretary of State must be notified promptly of abandonment. The rights of a person under any other contract made by an LLC that is a party to a merger that is being abandoned are not prejudiced.

After approval of the plan, articles of merger must be filed by the surviving entity. These articles must be signed and must include the name of each constituent entity, the merger plan itself, the effective date of the merger (if later than the date of filing), the name of the surviving entity, and a statement that the plan was duly authorized and approved by each constituent entity in accordance with the statute. A file-stamped copy of the articles may be filed with the county recorder of each county where the LLC has real property at the time of the merger. Articles of merger serve as articles of dissolution for each LLC that does not survive the merger.

When a merger takes effect, every other constituent entity merges into the surviving one and their separate existence ceases. Title to all real estate and other property owned by the constituent entities is vested in the surviving one without reversion or impairment. The surviving entity becomes responsible for all liabilities of the merged entities and proceedings pending against constituents may be continued, with the surviving entity being substituted for them. The articles of the surviving entity are amended to the extent provided in the merger plan. The shares or interests of each constituent convert as provided in the merger plan and the former holders of these interests are entitled only to the rights granted in the articles of merger (except dissenters in the case of shareholders of a corporation that is a merger constituent).

An Indiana LLC is permitted to merge with a foreign LLC, within specified guidelines and restrictions. Such a merger must be permitted by the law of the foreign entity’s state or other jurisdiction as well as the Indiana statutes discussed here. Upon merger, if the surviving entity is to be governed by the law of another jurisdiction, it must agree to be served with process in Indiana, appoint the secretary of state as its agent for service of process purposes, and give an address to which the secretary may mail process.

The Secretary of State is to prepare certificates of merger that specify the name of each party to the merger, the name of the successor and the location of the successor’s registered office in Indiana, and the date the articles of merger were accepted for record.

In 2002, I.C. 23-18-7-9 was added and in 2006, I.C. 23-18-7-10 was added to the Act to allow for domestic and/or foreign entities to, respectively, merge or convert to Indiana LLCs and for Indiana LLCs to, respectively, merge or convert to domestic or foreign entities. Despite this new flexibility throughout the Indiana business laws to allow inter-species combinations and conversions across jurisdictional lines, practitioners would be well advised to alert their clients to the possible tax and other ramifications of such conversions across traditional entity and geographic boundaries.

"Terrible Things Are Sure To Happen"

2011-05-23T14:14:00.000-04:00

By: Chris Simpkins
BleekeDillonCrandall

In one of the largest prison release orders in our nation’s history, the United States Supreme Court recently ordered California to release 38,000 to 46,000 felons who are incarcerated throughout the state. Speaking for the majority, Justice Anthony M. Kennedy, the perennial swing vote on the court, said that California’s prison system has “fallen short of minimum constitutional requirements” due to severe overcrowding. Justice Kennedy pointed to the fact that as many as 54 inmates might have to share a toilet, and as many as 200 prisoners lived in a gymnasium. Additionally, the court noted numerous other concerns related to inadequate medical care and mental health care. According to Justice Kennedy, the overcrowding resulted in “needless suffering and death.” Justice Kennedy, however, did indicate that the state should receive considerable latitude “to find mechanisms and make plans” that are “consistent with the public safety.” Apparently, Justice Kennedy thinks it’s possible to simultaneously protect the public and release tens of thousands of convicted felons back on to the streets. A task that is easier said than done.

Justice Antonin Scalia sharply disagreed with the court’s decision, calling the order “absurd” and “staggering.” He also felt that “terrible things are sure to happen as a consequence of this outrageous order.” Justice Scalia even read part of his dissent from the bench, an unusual procedure from him, and one that indicated just how strongly he felt about the court’s order. If this truly is the largest prison release in our nation’s history, Justice Scalia also felt that it was “perhaps the most radical injunction issued by a court in our nation’s history” as well. Time will tell if Justice Scalia’s look into the future is correct. We hope not, but anytime you release that many prisoner’s back into the public, it is hard not to imagine “terrible things” happening.

Emergency Medicine is very hard work!

2011-04-21T13:36:00.000-04:00

By: Jim Bleeke
BleekeDillonCrandall

Over the past few weeks, I have met with six different emergency room doctors to discuss wrongful death cases filed by their patients. Although we are defending these lawsuits, we certainly are very sympathetic to the emotional losses the families of these patients have experienced. The doctors who we represent are almost always very sad for everyone involved when one of their patients does not survive. I have been struck in my initial client meetings with these doctors at just how difficult the job of an emergency room physician truly is.

Patients come to emergency rooms with every potential medical problem that exists. Some are very serious. Many are not. The patients do not wear a sign on their chests or have a stamp on their foreheads pointing to which body system is actually causing their symptoms. For example, burning chest pain could be caused by indigestion or a heart attack; or breathing difficulty could result from a common cold or life-threatening pneumonia. Emergency room physicians get one chance to sort out the myriad health problems that could be the patient’s problem and help them with their acute problem or point them to the right consultant for further care.

When an emergency room patient dies, the physician who saw them very often second-guesses themselves and questions what else they could have done. I try to counsel my clients in this situation that nothing can bring the patient back or change the unfortunate outcome. All the doctor can do is learn from the experience, even if their actions were entirely reasonable, and hope that some future patients (and other doctors and nurses) will benefit from the negative experience of that patient and the doctor who treated him or her. As Joyce Meyer says, “Your mess is your message.” Maybe someone else will benefit from the difficult experience of those doctors not being able to save that patient.

Meet Richard

2011-04-14T09:00:00.000-04:00

By: J. Richard Moore
BleekeDillonCrandall

This is my first blog entry for BleekeDillonCrandall, and I will use the opportunity to briefly introduce myself. I was born to schoolteacher parents in Ruston, Louisiana, home of the Louisiana Tech Bulldogs, which produced Terry Bradshaw on the gridiron and Karl Malone on the basketball court. I graduated in 1993 from Louisiana State University in Baton Rouge, Louisiana, which produced, among other giants, Shaquille O'Neal, who was a freshman the same year I was. In 1996, I graduated from Vanderbilt University School of Law, which has produced a number of intelligent and/or indebted bachelors, doctors and lawyers. Obviously, given this background, I am an LSU Tiger fan (as is my wife, who grew up in Baton Rouge. Guess which one of us is most unreasonably enthusiastic as a Tiger fan).

After passing the bar, I worked for a number of years as an attorney here in Indianapolis. In 2003 I had an opportunity to join a law firm down in Mobile, Alabama, where I represented a number of medical and nursing home providers, architects and engineers, and other professionals in professional liability claims in lawsuits. I also assisted property and casualty insurers in analyzing insurance coverage questions and defending against claims brought by policyholders, including claims stemming from residential, commercial and condominium property damage during the active hurricane seasons in 2004, 2005 and 2006. During my years in Mobile I had the opportunity to serve clients in a number of jurisdictions, particularly in Alabama, Tennessee and Indiana, where I am licensed to practice law.

In 2007, in the course of my efforts towards professional development in representing professional liability carriers, I met and got to know Jim Bleeke and Jeb Crandall. Eventually I also met their partner Carol Dillon. Within a rather short time, we found that we shared a philosophy of client service and business development. Not insignificantly, we also shared a sense of humor and the idea that within the parameters of zealous advocacy on behalf of our clients, the practice of law can and should be enjoyable and rewarding.

Eventually our mutual admiration evolved into serious discussions about my joining Jim, Jeb and Carol's thriving legal practice. As this post demonstrates, those discussions led to an agreement, and effective March 1, 2011, I became a BleekeDillonCrandall attorney. I will continue to handle matters on behalf of clients in Alabama and Tennessee, and will also be helping the firm expand its existing business and develop additional opportunities here in Indiana.

When my family and I moved to south Alabama in 2003, we left behind a number of good friends and great memories. Fortunately most of the friends are still here, and with BleekeDillonCrandall, I am looking forward to making new friends and more memories. Getting back to Indianapolis has been like coming home.

How Much Protection From Liability Do LLCs Provide?

2011-04-13T13:27:00.000-04:00

By: Milt Thompson
BleekeDillonCrandall

One of the key enticements of forming an LLC is the limited personal liability of the members. A member, manager, agent, or employee of a limited liability company is not personally liable for the debts, obligations, or liabilities of the limited liability company, whether arising in contract, tort, or otherwise, or for the acts or omissions of any other member, manager, agent, or employee of the limited liability company. Furthermore, unless otherwise provided in a written operating agreement, a member or manager is not liable for damages to the limited liability company or to the members of the limited liability company for any action taken or failure to act on behalf of the limited liability company, unless the act or omission constitutes willful misconduct or recklessness.

An LLC does not release from liability any member, manager, agent, or employee of a limited liability company from the person's own negligent acts or omissions (as detailed infra under Section IX -Exceptions to Limited Liability). Furthermore, the liability protection afforded by an LLC does not extend to professionals practicing their profession, such as attorneys and physicians. The law regarding the relationship between a person rendering professional services and a person receiving professional services, including liability arising out of the professional services, is not affected by the formation of an LLC.

If an LLC is formed in Indiana, Indiana law will exclusively govern any conflict between Indiana law and the laws of other jurisdictions in regard to the liability of a member, manager, agent, or employee of an LLC. Furthermore, a member of an LLC may not be made a party to a proceeding by or against a limited liability company solely by reason of being a member of the limited liability company, except:

• when the object of the proceeding is to enforce a member's right against or liability to the limited liability company; or
• in an action brought under I.C. 23-18-8-1.

Happy Clients

2011-03-18T16:03:00.000-04:00

By: Carol Dillon
BleekeDillonCrandall

It’s been a good week for client service here at Bleeke Dillon Crandall. I had a client/homeowner call me the other day very upset about how her case was going. She is being sued by family members for an accident that occurred at her home and she in turn had to bring other family members in the case as third-party defendants. She wasn’t happy with the obvious family turmoil that the case is causing. I talked her through the legal theories behind what we were doing in the case and how we had to do what we were doing in order to present the best possible defense for her and that ultimately most cases are not going to go to trial, and if they do, they’re not going to involve finger-pointing between co-defendants. It took quite a while of listening and explaining and answering questions, but in the end, she felt much more comfortable and better because she understood why we were doing things and why they were necessary. It’s these kinds of conversations with clients that really make our job worth it and make me smile when I get off the phone because I’ve done my job – not really as the attorney, but as the counselor to the client.

I also received a long-awaited summary judgment decision in my favor on a statute of limitations issue in a suit against a physician and a nurse practitioner. The two defendants had been particularly upset about the case because they stood behind what they did for the patient and thought it was unfair that the patient filed the complaint beyond the statute of limitations. After three years of litigating because of some procedural hang-ups, we finally won on the statute of limitations issue, even though we also had a summary judgment motion pending on the merits of the case. The court didn’t even have to go that far because they agreed with us on the statute of limitations issue. The best part of my week was being able to call both of those clients and tell them personally that we won our summary judgment and they could finally put the case out of their mind. They were extremely happy and appreciative and the doctor even said, “I now have faith in the justice system.” That kept me smiling all day because that news probably made their weekends and that’s really why we do what we do. For those of you who know me, this kind of “Pollyanna” blog isn’t very “me”, but it’s been a great week and let’s hope for more good results to come.

March Madness

2011-03-10T13:09:00.000-05:00

By: Jeb Crandall
BleekeDillonCrandall

Whether you are a college basketball fan or not, March Madness is one of the most exciting times of the sporting year. Over the course of a few weeks every March, people tune their televisions, computers, smart phones, and all other gadgets to catch a glimpse of the games and scores. What is it about the tournament that grabs our attention to the point that corporate America sees its revenues and productivity drastically decrease during this period? Why do we care if Sienna can beat Kansas, or if the Hilltoppers of Western Kentucky can take down Duke? I’ll tell you why – we love to see the upset. We love the Cinderella story that inevitably plays out each year. The NCAA Tournament brings out the best in every team and every player. This makes every game (for the most part) worth watching and highlights the best of college athletics and pure competition. You won’t find this in the NBA – not even during the finals. So clear your schedule for a few weeks this March and tune into the greatest sporting event that this country has to offer. I guarantee that you will not be disappointed.

Does Anybody Have "The Time"

2011-02-25T15:53:00.000-05:00

By: Jim Bleeke
BleekeDillonCrandall

A very common issue in emergency room cases, especially code situations, is the timing of when key events occurred. A major challenge for defense attorneys results from the fact that the times recorded by various doctors, nurses and electronic records almost never match up. The times for key events often vary by 2-5 minutes. Plaintiffs’ attorneys either try to select the times that are most favorable to their theory of the case, or use the discrepancies in recorded times to attack the reliability of anything in the chart.

Defense counsel frequently must use witnesses to explain the reality that doctors and nurses often use their individual wrist watches or the clock on the wall to obtain the times they record. Those timepieces commonly do not correspond with computerized times from other monitors attached to the patient. The ability to persuasively explain the realities of the recording of events and their times can be crucial to convincing a jury that the health care provider met the standard of care.

This issue will be discussed in two separate presentations at the upcoming DRI Medical Liability Conference in March 10-11, 2011 at the Palace Hotel in San Francisco. Bradley Freeman, M.D. will provide the medical perspective on charting while rendering life-saving care in a code situation. Tara Trask (a very experienced jury consultant) will use video segments from actual mock jury deliberations to explain how jurors react to these types of issues in medical liability cases.

Fate of Gov. Daniels’ Prison Reform Bill Uncertain

2011-02-16T10:58:00.000-05:00

By: Christopher Simpkins
BleekeDillonCrandall

Controlling correctional facility costs is a concern for any state. Typical responses to the problem include releasing prisoners early or avoiding necessary upgrades to infrastructure, just to name a few. Gov. Daniels has proposed a more comprehensive approach to tackling this problem in Indiana by enlisting the help of two of the nations prominent, nonpartisan think tanks, the Pew Center and the Council of State Governments Justice Center. These two think tanks highlighted the fact that Indiana’s prison population has grown at triple the rate of neighboring states over the past eight years, despite a drop in overall crime rate, and helped the Governor formulate a plan to tackle the problem. The centerpiece of Gov. Daniels’ approach is a set of reforms governing sentencing and parole guidelines. Indeed, Gov. Daniels devoted a large percentage of his time and political capital last year to building a consensus behind his plan, which is embodied in Senate Bill 561.
Gov. Daniels recently stated, “Having more dangerous and repeat-offending criminals in prison is the best way to protect Hoosiers, but if our current laws and practices result in nondangerous offenders taking up space at high cost to taxpayers, there may be better ways to manage that.” Gov. Daniels’ proposal is estimated to save taxpayers $1 billion by an overall reduction in the number of people held in prison.
Senate Bill 561 made it out of the Senate’s Corrections, Criminal and Civil Matters Committee by a vote of 8-2, but it was stripped of many of the Governor’s essential proposals. “We just don’t accept the idea that because the Department of Correction has a bed problem that we should be releasing serious felons back on the street,” said Sen. Sue Glick, R-LaGrange, a member of the Committee. Apparently, the Indiana prosecutors’ lobby convinced the Committee to add a provision ensuring that felons serve at least 85% of their sentences (currently, most offenders only serve half of their sentences due to credit for good behavior). Prosecutors were also successful at stopping an effort to reduce the definition of “drug-free zones” from 1,000 to 200 feet surrounding schools (currently, 53% of the area inside I-465 is classified as “drug-free” and carries enhanced penalties for selling drugs).
Despite the setback, some of Gov. Daniels’ suggestions remain, i.e. theft of less than $750 would no longer be considered a felony (rather, a misdemeanor) and prison time for selling and possessing cocaine and methamphetamine would be shorter and more in line with penalties from neighboring states. Many provisions in the bill aimed at diverting low-level drug offender to treatment and community corrections facilities also remain.
A spokeswoman for Gov. Daniels, Jane Jankowski, recently reminded the press that S.B. 561 could easily change again as both chambers will have numerous opportunities to amend the bill. Thus, there is still hope for Gov. Daniels’ proposal, but whether a bill capable of tackling Indiana’s skyrocketing prison population emerges from the legislature is quite uncertain at this time.

10 Reasons to Hate Winter

2011-01-14T10:10:00.001-05:00

By: Jeb Crandall

If you are like me, snow is enjoyable for about one week. After that, I would prefer 358 days of sunshine and warm temperatures. Here is my list of why winter should be enjoyed from afar.

1. At the first hint of snow, people lose all sense of how to drive a motor vehicle.

2. It is virtually impossible to keep your car clean.

3. Waking up in a cold house in complete darkness is no way to start your day.

4. Trying to convince your dogs to get off the couch and go “potty” in a foot of snow.

5. Shoveling your driveway in the morning only to have a snowplow later come through and ruin your progress.

6. “Bundling up” to get the mail.

7. Trying to find that fine line on your car’s defrost between breaking a sweat while driving and keeping your windshield ice free.

8. Gray and overcast skies for day after day after day...

9. Walking on snow and ice in a pair of dress shoes. (You know what I’m talking about…you have to take steps like you are 103 years old.)

10. No golfing!!!

Overcoming Adversity

2011-01-05T15:19:00.001-05:00

By: Jim Bleeke

Most of you know that I (Jim Bleeke) am a huge Colts fan. As we are on the eve of the playoffs, we are again very excited to still have a chance, albeit a long shot this year, of making the Super Bowl.

Most fans in Indianapolis are especially proud and fond of this year’s team. The team has lost 17 players for the season and has brought in new players to fill their spots. By maintaining the team focus and principles, the Colts still managed to win 10 games and make the playoffs.

At our law firm, we also at times have staff and lawyers move on to other endeavors. We always try to wish them well, while maintaining our teams focus on the principles of superior service and excellent results. We hope that we earn the respect and trust of our clients long-term by doing our very best for them each and every day.

WINNER

2010-12-08T15:59:00.001-05:00

By: Amanda Holtz

BleekeDillonCrandall just had our 1st Annual Cookie Bake-off and I am the winner. Not that I am gloating or anything!! I have to say I am very surprised because I am usually not the best baker in the world and have been known to throw all baking utensils in the trash after failed attempts. However, the baking fairies showed up for this one event and here I stand a winner. I know that you are sad that you did not get a chance to taste the cookies, but I will give you the recipe and you can attempt to recreate my masterpiece at home.

Crème De Mint

1/2 cup butter, softened
3/4 cup dark brown sugar
1/2 cup granulated sugar
2 large eggs
2 teaspoons vanilla extract
1 teaspoon baking soda
1 teaspoon baking powder
2 2/3 cups all-purpose flour
1 pkg. (10 oz.) Andes Mint Baking Chips

Preheat oven to 350 degrees. Move the rack one slot above the middle of the oven.

Mix together butter, sugars, eggs, vanilla, baking soda and baking powder. Stir in Andes Mints. Mix flour in. Chill for 1 hour.

Make 1 inch balls and then flatten slightly.

Bake for 8-10 minutes. Cool on sheets for two minutes, and then remove to wire racks to cool. Makes about 3 dz.

Hope you enjoy them as much as my family and co-workers did.

It’s Beginning to Look a Lot Like Christmas

2010-11-29T09:49:00.001-05:00

By: Carol Dillon

Yes, Christmas time is here, and with it some of my favorite tacky holiday traditions. Like that neighbor who decorates the outside of his house with just one strand of lights across his gutter; or the guy who has the giant blow-up Tigger in his front yard, wearing a Santa hat of course, which will only make it standing up half-way through December . . . by Christmas, Tigger will be totally deflated and covered in snow and slush. Another holiday favorite is buying gifts for people that I don’t even like, just because I’ve always bought them a gift and I anticipate that they will buy me one. I also enjoy going to the mall and watching men, sorry guys, pick out the lamest gift for their wives or significant other just because they have no clue what to get. You know the men I’m talking about. They either buy the entire outfit that is displayed on the mannequin or they buy the crap that sits at the end of the aisle way, on a display table labeled “stocking stuffers.” (For example, the Snuggie.) I love driving to the tune of old pop-stars or teeny bopper pop stars either butchering a Christmas classic like “Oh Holy Night” or singing a terrible
Christmas song written just for them. Who can do without the endless run of lame Christmas-themed movies on FaLaLaLa Lifetime? Yes, Christmas time is here.

10 Ways to Find Yourself in Litigation During the Holidays

2010-11-19T16:09:00.001-05:00

By: Jeb Crandall

Here are 10 ways you could find yourself in litigation during the holidays.

1. Deep-fry a turkey and catch your neighbor’s house on fire.

2. Don’t shovel your sidewalks and watch your invited guests slip and fall.

3. Host a holiday party at your house and over serve your guests.

4. Decorate your house Clark Griswold style and cause a distraction to passing motorists.

5. Undercook the turkey and send your guests home with a wicked case of food poisoning.

6. Conduct a reenactment of the first Thanksgiving and injure your neighbor with a stray arrow.

7. Dress up as Santa and slide down your neighbor’s chimney unbeknownst to him.

8. Force your way to the front of the line at Best Buy on Black Friday and give an elderly woman a slight nudge out of the way to get that last iPad.

9. Spend too much time with the in-laws to where you need either a divorce attorney or a criminal defense attorney.

10. Pull a Ralphie with your Red Rider carbine-action 200-shot BB gun and shoot out someone’s eye.

If you can avoid these holiday faux pas, you should start the New Year happy, healthy, and most importantly, litigation free!

With a special thanks to Carol Dillon for her contributions.

Annual Conference of National Commission on Correctional Health Care

2010-11-11T11:21:00.001-05:00

By: Jim Bleeke

In October 2010, I (Jim Bleeke) had the opportunity to attend the annual conference of NCCHC in Las Vegas. In addition to having the opportunity to meet and socialize with clients and many of the people who work in the industry, the conference also provided excellent educational insights into many of the issues that arise as we defend correctional health care providers in litigation.

In particular, I appreciated the Panel discussion regarding trends in correctional health care lawsuits and what to do about those trends. Using lawsuits and adverse events as a way to improve care through vigorous total quality improvement efforts also was well-presented.

It is gratifying as a defense lawyer to see how hard the correctional healthcare interest works to try to improve the quality of service for the growing incarcerated population in our country. We welcome the opportunity to assist in risk management projects, as well as defense of suits when they occur.

The Honorable Steven H. David: Indiana’s Newest Supreme Court Justice

2010-10-22T14:59:00.001-04:00

By: Chris Simpkins

On October 18th, Steven H. David was sworn in as Indiana’s 106th Supreme Court Justice. Governor Daniels nominated Justice David to replace retiring Justice Theodore R. Boehm. During the swearing in ceremony, Justice David spoke of his desire to be a lawyer ever since he was a little boy. He also informed the audience that his desire to sit on the bench as a judge can be traced back to his first day of law school. Justice David then moved on to establish one of the more remarkable legal careers out of all the present justices. Some of his more notable positions include Boone County Circuit Court judge, U.S. Army colonel, corporate attorney for Mayflower moving company, and chief legal counsel for detainees at Guantanamo Bay, Cuba.

In his acceptance speech, Justice David stated, “I have no agenda. I owe no one anything. I am not an ‘R,’ I am not a ‘D,’ I am not an ‘I.’” Instead, he pledged to protect the state’s constitution from partisan politics. Justice David cited inspirational quotes from the likes of Abraham Lincoln, Oliver Wendell Holmes, and even John Mellencamp and Kenny Chesney. The newest member of the bench also received laughs from the audience when he expressed his judicial philosophy. He stated, “If you don’t know my judicial philosophy, then let me tell you – I apologize governor, it’s a little too late – I believe in humility, respect, fairness, and the rule of law.”

October 20th marked the first day of oral arguments for Justice David. The docket included one criminal case, one juvenile case, and one civil case. As Justice David begins to carve out his own niche on the current bench, his overall demeanor will likely remain the same as it was when he was the Boone County Circuit Court judge, where his humility was highly regarded by the lawyers who appeared before him. We wish Justice David the best of luck, and anxiously await the many decisions to come in the future.

Trick or Treat

2010-10-19T15:50:00.001-04:00

By: Brandon Milster

As everyone is in the final stages of getting costumes and preparing for Halloween, I can’t help but think about how much different things were when I was a kid getting ready to go trick-or-treating in my neighborhood. I remember that my parents used to let me go out with my friends that lived close by to walk from door-to-door to collect our Halloween loot. There was no real concern that there were any dangers out in the night or that we would not return by our relatively early curfew. These days, however, I see that more and more kids are sent to local business districts, malls, or churches to trick-or-treat, due to their parents’ growing concern of danger in their neighborhoods. Even my parents have told me that each year fewer and fewer children knock at their door. What is wrong with society these days? Why can’t kids feel safe in their own neighborhoods after dark? Why do we continue to let our streets become dangerous to our children? Now I know there are still places like those I grew up in, but I also know they are becoming fewer and farther between. Just some food for thought people…
Finally, parents don’t be lured into the commercialized Halloween get-ups, which now can cost up to $100. Be creative and make your own!

Updated Child Support Calculator

2010-10-13T15:56:00.001-04:00

By Kristen Halliden

The Indiana Supreme Court website now offers new child support calculators since the Indiana Child Support Guidelines were amended in January 2010. The old child support calculators previously available will not calculate support under the new guidelines.

Here is the website.

However, there is a problem with the calculator that has not yet been fixed. To avoid having the calculator crash do not tab or click into the case number field and just handwrite the case number on the form after you print it out.

Fall, Fall, Fall

2010-09-30T13:55:00.001-04:00

By Carol Dillon

One of the most charming aspects of the Fall season is falling leaves. They are so lovely. I like to listen to the crunch of leaves beneath my feet and I love it when my dogs dart through piles of raked leaves, causing me to have to rake them again. But what isn’t so charming is when your neighbor has a dead tree that falls onto your property and causes property damage or, knock on wood, personal injury. I recently attended my first homeowners’ association meeting, and boy was it feisty. One of the hot topics, besides no one paying their dues, was what to do with all the dead trees in the neighborhood. Apparently there are lots of them and no one is cutting down the trees or at least the branches. One particularly feisty neighbor said that a strong wind might just blow some of the trees down and then what? Well “then what” is that if you know your tree is dead and has the potential to fall over and it does, you are on the hook for any property damage or personal injury caused to your neighbor’s property because of your tree. So, if the tree is near the street, check with the City, it might be their property and their responsibility to cut it down. If the tree is on your property, start cutting, but please do it safely and watch out for anyone who helps you, or my next blog will be about what to do if someone sues you over cutting down your tree!!

Importance of Face-to-Face Interaction

2010-09-28T13:42:00.001-04:00

By Jeb Crandall

Last week I attended an Assisted Living Facility/Long Term Care Facility seminar in Chicago, Illinois. While you might think this sounds about as enjoyable and entertaining as a root canal, it was actually a great experience. While the seminar itself was useful and informative on the substantive areas of the practice, the real benefit and enjoyment of attending such a seminar is the opportunity to meet clients and attorneys that we typically only communicate with through email and phone calls.

Putting a face with a name goes a long way in developing a relationship and trust with a client. Face-to-face interaction with people is something that has really gone the way of the Dodo Bird with the advent of email and all of our other technological advancements. It’s amazing how much you can really get to know somebody over a few beers at a hotel bar. Those moments are what make relationships between attorneys and our clients both rewarding and enduring.

The Speed of Trust

2010-09-17T10:12:00.001-04:00

By Jim Bleeke

One of the best books I have read in the last year is The Speed of Trust by Stephen M.R. Covey. The book explains very persuasively that all business (and personal) relationships succeed or fail in large part based upon whether those in the relationship can truly trust each other. He further explains that trust hinges upon two key elements: (1) Honesty/Integrity – being who you say you are; and (2) Ability to do what you promise – or doing what you say you will do.

Ultimately, the best way to build trust is to deliver excellent results.
At Sweetin Bleeke Attorneys, we strive to let our clients know exactly who we are.

We know we are not the best fit for every client; and that is fine. We want clients who appreciate our no-nonsense approach to cases that involves early evaluation of the strengths and weaknesses of each legal issue. We want to be candid with the good news and bad news of each case at its earliest stages, so our clients can make informed decisions about how they want to spend their money.
We then pride ourselves on delivering RESULTS that match or exceed our early evaluations of these legal issues. We build trust with clients only by consistently demonstrating that we can do what we said we can do. We measure our own success by those standards and invite our clients to judge us in the same way.

Déjà vu all over again!

2010-09-13T12:07:00.004-04:00

By Milt Thompson
Of Counsel

I’ve seen this picture before and no one wants to acknowledge history in this instance and would prefer to deny the existence of the elephant in the room.

What am I talking about now? The NFL, NFL Players Union (Players Inc.) and the powerless consumer of the NFL Brand…is to what I am referring.

When I mentioned to a group of young community leaders last spring that I thought that the Superbowl planned for Indianapolis in February of 2012 might be in jeopardy because of the impending labor negotiations in the NFL, were contentious at best, I was met with expressions of “no way” or “why would anyone allow the most successful of Sports Leagues to wilt under labor pressure?” When I began to discuss serious issues that plague the completion of a new labor deal, there was still an air of disbelief.

I’m writing this note just after the opening regular season game between the Minnesota Vikings and the reigning Superbowl Champion New Orleans Saints wherein the players from both teams made a bold union gesture of solidarity.

The owners are dug in with surplus funds to drastically change what they believe is an unsustainable business model. They also are not in accord with their current revenue sharing opportunities that pits large market owners against their small market colleagues. The owners want to essentially cut the current 60% of gross revenues to the players to roughly 50% and asking first time negotiator and new union chief, De Marcus Smith, to accept the cut without a fight.

By not extending the current CBA for this 2010/2011 un-salary capped year, the owners have drawn the first line in the sand. They are intent on systemic structural changes to their business and are well prepared to “lock out” the players next year.

There are several other deal killing issues that are not even being addressed at the bargaining table including, but not limited to, additional regular season games, pension and post career health care, and a shift in pay from rookies to veterans. Distrust and skepticism abounds.

The fans are perhaps just now getting the real urgency of these diverse issues and have been lulled into complacency as they have no real power to mediate the issues and save a season of discontent with a real chance of no NFL Football nor a Superbowl in Indianapolis in 2012. The jeopardy is real and not imagined. I hope I am dreaming this repeat of history but I remember no Olympics, no World series and cross the picket line strikes. This makes me sad.

Trying Not to Get Wet – Regatta 2010

2010-09-10T11:58:00.003-04:00

Karen Woods
Marketing Coordinator

In preparation for the 2010 IUPUI Regatta, Jim Bleeke, Chris Simpkins and I went downtown to the Indianapolis Canal Walk to practice our rowing skills this past Tuesday. The weather was absolutely beautiful and we had a wonderful time practicing. Chris Simpkins is an excellent rower and Jim Bleeke has really stepped up his game this year and will make an excellent teammate. Below you can check out some pictures from our practice.

The 2010 Regatta is scheduled for September 25 and will include approximately 80 4-person teams. Two of the rowers will start and row to a trade point. The remaining two rowers then paddle back to the starting point to finish the race. Jeb Crandall and Carol Dillon will start the race for the SweetinBleeke Team and then Chris and Jim will close the race. Jim’s daughter, Christina, is the 2010 Student Chair for the event and this is the second year SweetinBleeke has been a team participant and financial supporter of the IUPUI Regatta.

The purpose of the IUPUI Regatta is to create a signature event for IUPUI that brings together students, alumni, faculty, staff, friends and families in and around the Indianapolis community for a day of fun and friendly competition. Proceeds from the event will go toward a scholarship fund for undergraduate students at IUPUI. Only students, faculty, staff, and alumni of Indiana University Purdue University Indianapolis and IU alumni residing in central Indiana are eligible to participate in the Regatta as paddlers. Luckily we have plenty of IU grads in our office!

Maintenance Between Divorcing Spouses

2010-08-31T12:37:00.001-04:00

By Kristen Halliden

Some people are under the misconception that the State of Indiana does not allow maintenance (formerly known as alimony) between divorcing spouses. That is not actually accurate. The State of Indiana, under IC 31-15-7-2, allows a Court to order one spouse to pay maintenance to another spouse if one of three conditions is met: 1) The party who is to receive maintenance is physically or mentally incapacitated; 2) if the party who is to receive maintenance is caring for a disabled child and does not have sufficient property to provide for his/her needs; or 3) a party may receive what is referred to as “rehabilitative maintenance.” Rehabilitative maintenance cannot exceed a period of three (3) years and is for the sole purpose of allowing the spouse who receives it to seek additional education which would help that spouse to obtain appropriate employment.

That being said, parties to a divorce often enter into an agreement for maintenance payments for a variety of reasons – whether it is a disguised property settlement or because of a guilty conscience. Parties who include a maintenance provision in their settlement agreement should be aware that there are tax consequences to both parties. The party paying maintenance deducts the maintenance on their tax returns and the party receiving the maintenance must claim the income on their tax returns. When considering maintenance provisions in a settlement agreement, both parties should seek the advice of accountants for tax planning purposes.

Parties should also be aware that as a general rule, maintenance provisions are not modifiable unless one party can show a substantial and continuing change of circumstances such that enforcement of the current order would be unreasonable. However, a Court cannot modify a maintenance order that was entered into between the parties if the Court could not have ordered maintenance in the first place. That is, if the parties decided to structure a property settlement and the paying party later reneges, the Court would not be able to later modify the award. This is because the Court would not have been able to order the maintenance award in the first place as an award of property does not fall within one of the exceptions of I.C. 31-15-7-2.

So while the State of Indiana does allow maintenance (or spousal support or alimony) it does not make it easy to get it.

Indiana’s Supreme Court selection process in a nutshell

2010-08-30T08:43:00.001-04:00

By Chris Simpkins

With the retirement of Supreme Court Justice Theodore R. Boehm, Governor Mitch Daniels is required to appoint the next justice to Indiana’s highest court. However, many people are unfamiliar with how the selection process works in Indiana, which is not surprising since it is remarkably different than our federal counterpart. The following provides a rough outline of how our system works in Indiana.

Under Indiana’s Constitution and state statute, a seven-member Judicial Nominating Commission is responsible for submitting a list of three qualified individuals to the Governor. The Governor is required to make his final selection to fill the Court’s vacancy from the Commission’s list. The Commission is chaired by the Chief Justice of the Indiana Supreme Court, Randall T. Shepard, and includes three attorneys, who are selected from across the state, and three non-attorneys, who are appointed by the Governor. Currently, the commission is composed of the following: (1) James O. McDonald (attorney from Terre Haute), (2) John C. Trimble (attorney from Indianapolis), (3) John O. Feighner (attorney from Fort Wayne), (4) Christine Keck (Evansville), (5) Fred McCashloand (Indianapolis), and (6) Mike Gavin (Warsaw).

Out of the thirty-four applicants, the Commission sent the names of Hon. Steven H. David, Hon. Robyn L. Moberly, and Mr. Karl L. Mulvaney to the Governor for his selection. Following receipt of the Commission’s recommendation, the Governor has sixty days to select the next justice who will sit on the Indiana Supreme Court.
Rumor has it that the Governor is close to making his decision. Some say that he is feeling pressure to nominate a woman to the currently all-male bench, which means Judge Moberly has a slight edge. Also tilting the scale in her favor is the fact that the Chief Justice Shepard has said in the past that he is confident that the next justice would be a female. However, Governor Daniels has three very strong candidates to choose from and he has a reputation for going against the tide of public opinion. Whoever Governor Daniels decides to select, we should be thankful for the system we have in place in Indiana. After watching the circus show that inevitably surrounds any appointment to the United States Supreme Court, Indiana’s judicial selection process is yet another reason why the federal government should be envious of the State of Indiana.

Ready for the Fall Season

2010-08-23T09:00:00.001-04:00

By Brandon Milster

As the summer winds down and the days start to get a bit shorter, it always reminds me that time just goes too fast. It seems like just yesterday that the snow was melting and everyone was excited for spring to arrive! As I look back on this summer, I can honestly say that I had just enough time to go out and enjoy the weather, have some fun with friends and family, and travel a little bit. I was able to see northern Michigan, tour the mountains on the way to Maryland with my brother, and meet up with old friends for a weekend in Missouri. Work is always fast and furious, but hopefully everyone has been able to take some time for themselves and their families this summer…and tried to keep cool from the HEAT!!

One perk of summer coming to a close, however, is the start of football season! Whether you’re a college or professional sports fan, you have to be excited for the beginning of America’s real pastime. Here’s hoping the Colts, Boilermakers, and Hoosiers all have stellar seasons and give Indiana something to be proud of! Sorry Fighting Irish and Cardinals, I am just not a true fan. Finally, here’s hoping the Detroit Lions can start to turn around a losing tradition…each September, I can always have hope!

The New Girl

2010-08-17T10:30:00.001-04:00

By Amanda Holtz

My name is Amanda Holtz and I am the new receptionist here at BleekeDillonCrandall. I have been here almost an entire week and have to say I am impressed. Many of you probably know that when you start a new job it is pretty boring and you spend your first few days in training and filling out paperwork. Well, that is not the case for me. The level of trust that Sweetin Bleeke has for their employees is incredible. Within my first few hours I was already entrusted with important tasks. Not only does this make me feel they are confident in who they have hired, it makes me confident in the choice I made to join the company. It is refreshing to immediately feel welcomed onto this extraordinary team.

Though it can be scary to be the new girl, it is an adventure that I welcome. I am the type of person who likes to constantly learn and be around those who are willing to teach. I have already learned a lot and I know there will always be more to come. I have joined a great group of counselors. If I were to give anyone advice about starting a new job I would have to say be confident in your choice to join the company.

Twins can be a Freak Show!

2010-08-06T15:33:00.002-04:00

By Carol Dillon

I am a fraternal twin. My twin’s name is Karen and she is my best friend in the whole world. She’s actually more than a friend and my sister, but she is really an extension of myself. We sound alike, we act alike, and we think alike. Last year was the first year my twin and I attended the Twins Festival in Twinsburgh, Ohio. We thought we were being pretty clever for buying matching shirts for the Twins Parade. Yes, a parade of twins marching through the town. However, when we arrived at the registration area, we were literally surrounded by twins – twins who look exactly alike from head to toe. Even fraternal twins with the same haircut, the same glasses, the same socks, the same shoes, and even the same watch. Even as a twin, it was weird, weird, weird. Double your pleasure, double your fun, and double the freakiness. Despite the carnival side-show aspect of the Twins Festival, I have to admit it felt pretty cool to walk in a parade arm and arm with my twin and wave to people. We felt special just because we are twins. We are heading to the Twins Festival again this year and this year we are more prepared; now we have matching shirts and matching shorts. We still can’t go all the way with matching from head to toe.

Baseball Blues

2010-08-03T10:17:00.002-04:00

By Jeb Crandall

They say baseball is “America’s Pastime,” but for those of us who are Cubs fans, this is about the point in the season where we stop watching and look forward to next year. The Cubs are over ten games out of first place in their division. So am I really going to tune-in to watch them take 2 out of 3 against the Pirates? Not likely. Many non-Cubs fans think we only root for the Cubs because it’s the popular thing to do, or that it is “bandwagon.” Let me tell you, I’ve been a Cubs fan since before they were able to play night games. Also, do you really think its “cool” or “fun” to watch your team disintegrate into nothing before August? Let me tell you, it’s not.

Lou Piniella has announced that he will step down as manager at the end of the year. This opens the door for past Cubs great, Ryne Sandberg, to possibly take over the helm. Looks like there really is a reason to look forward to next year…at least until next August.

The Difference Between Jury Trials and Bench Trials

2010-07-26T16:15:00.001-04:00

By Jim Bleeke

After a successful jury trial in May and a favorable bench trial result in June, I was just reflecting on the difference between the two.

Jury trials are more fun, more unpredictable, more of a strategic match of wits and thus more exhilarating. Choosing the jury, finding ways to keep the jurors engaged and trying to educate them while letting them “find the answer” themselves is more what most trial lawyers envision as what they really do.

On the other hand, bench trials, in front of a well-informed and contentious judge strike me more like being back in law school engaging in legal banter with a favorite professor. When the judge thinks out loud together with the attorneys for each side in trying to reach the best result, we can actually observe the cogs of the wheels of justice working. It is less mysterious than a jury trial, but satisfying in a different way.
Both forms of trial remind me how blessed we are to live in America, where we have such a great system designed to reach to reach the fairest resolution to disputes among our citizens.

Play Ball Indy

2010-07-19T15:24:00.002-04:00

By Milton Thompson

Perhaps you caught the front page article in the July edition of the Indianapolis Business Journal (IBJ) about a “Diamond in the Rough.” It is an article about the development plans of a local non-profit, the Indiana Amateur Baseball Association which does business under the name of “Play Ball Indiana.” The plan calls for the building of baseball and softball diamonds with other amenities in the heart of the city of Indianapolis pursuant to a grant of land to the organization from the Citizens Energy Group. It was a vision of mine nearly thirty years ago when I co-founded the organization to create meaningful programs for children in Indiana using the wonderful summertime activity of baseball as the platform.

Our organization started small and grew quickly. It grew too quickly and became its intended launch for competitive baseball but also outgrew its other intended purposes to expose the opportunity to those who perhaps lacked the means to join the competition. We were leaving out kids who could benefit most from our program. We took corrective action with the help of committed individuals, companies, and foundations to create “Inner City Baseball and Softball” for the underserved. This direction culminated in a relationship with Major League baseball and its’ RBS program (Reviving Baseball in Inner Cities) in 1997. Since then, we have seen an incredible growth in activity for those boys and girls to not only play, but to be mentored by outstanding coaches and other supportive adults. The “Citizen’s Field of Dreams” when completed will further extend opportunities for children in and around our new facility.

Of course, the complex is still only an unrealized dream until we can secure the financial resources to build and maintain the facilities at a first class level.

This is a truly remarkable opportunity and will not only cement “Play Baseball Indiana” as a permanent community development resource, but will enable our children a chance to learn and grow in character through the great teachings of the game of baseball. Please help us see this vision through.

Constitutional Law Update: Second Amendment Now Applicable To States

2010-07-08T09:00:00.002-04:00

By Chris Simpkins

On June 28, 2010, the Supreme Court of the United States handed down its decision in McDonald v. City of Chicago. The Court, per Justice Alito’s majority opinion, held by a vote of 5-4 that the Second Amendment right to keep and bear arms is fully applicable to the States by virtue of the Fourteenth Amendment. In so doing, the Court rendered a Chicago ban on private possession of handguns in the home unconstitutional and verified that the Second Amendment is applicable to state governments as well as the federal government.

Admittedly, after the Court’s watershed decision in District of Columbia v. Heller, which originally established the individual Second Amendment right to keep and bear arms for purposes of self-defense, the McDonald decision was not extremely surprising. The more interesting debate was focused on which path the Court would take to arrive at their determination. Would they again use the Fourteenth Amendment? Or, would they upset nearly 130 years of precedent and base their holding on the Privileges or Immunities Clause? Indeed, the petitioners devoted the substantial portion of their brief and oral argument time towards making the case for a much bolder interpretation of the Privileges or Immunities Clause.

In the end, the Court again preferred the more familiar path of the Fourteenth Amendment. The Court affirmed that self-defense is a basic right and a central component of the Second Amendment. Because self-defense is of the utmost importance in ones home, citizens must be permitted to use handguns for the lawful purpose of self-defense in their own residence.

Not to be outdone, the Chicago City-Council quickly passed new gun regulations by a vote of 45-0 four days after the Supreme Court’s decision. Chicago’s new law is only marginally weaker than the gun ban that was tossed out by the Supreme Court on June 28, and will likely find its way back to the Supreme Court very soon.

The "World" Cup

2010-06-29T10:52:00.001-04:00

By Brandon Milster

Like most of you out there, I followed the United States as they progressed through the first round of the World Cup and to a disappointing end in the first match of the knock-out round. Also like most of you out there, I have not watched one single soccer match since the last World Cup in 2006. I guess I would call myself a fair-weather-fan or a band-wagon-jumper, but I’m guessing I’m not the only one out there.

I know that soccer is, arguably, the most popular sport in the world, and I’ve heard all the stories about the riots and blatant criminal acts that take place after a big win or disappointing loss around the world. The fact is, however, that soccer will just never be that popular in the U.S. Sure, the Nation tunes in for those couple of matches the U.S. plays every four years, and everybody gets a little bit of “soccer fever,” but the irrefutable truth is: no one really cares. Living in such a professional-sports-rich country, there just simply isn’t room for another “major” sport. The NBA, NFL, NHL, and MLB simply draw too many fans, recognition, and, most-importantly, revenue for soccer to ever be mentioned in the same breath.

Don’t get me wrong, I am in no way discounting how talented our (and the rest of the World’s) players are or how much athleticism and endurance it takes to play one match. All I am saying is that soccer is a day late and a buck short when it comes to professional sports in the U.S. Maybe someday that will turn around or maybe someday the U.S. will win the World Cup, but right now, all we have is a mediocre team playing a mediocre sport. Let’s not hold our breath.

Frequently Asked Questions About Our Firm

2010-06-23T09:00:00.003-04:00

By Carol Dillon

We often get the same preliminary questions when taking a new case or talking with a new client, regardless of the type of case and client. Therefore, here are some of our answers to frequently asked questions:

1. Will you or an associate be working on this case?
Answer: This question is obviously posed to one of the partners. The answer is a partner and associate work on every case, but the client is almost always charged for only one attorney’s time. Every case at Sweetin & Bleeke is assigned to a Partner and an Associate. Whether the Partner or Associate does the majority of the work on the case largely depends on the type of case. However, if the Associate primarily handles the file, every major pleading and correspondence to the client or opposing counsel (i.e. formal status reports) go through the Partner before it goes out the door. That is, the Associate may draft the pleading or correspondence, but the Partner reviews it and discusses it with the Associate to make sure everyone is on the same page. We also have scheduled meetings to roundtable cases, particularly high-exposure cases, to get the input of all of the attorneys in the office. If the client wants a Partner or Associate to do a particular part of the case, the client has every right to specify that.

2. What areas of the State do you practice?
Answer: Because Indianapolis is the central part of Indiana, we cover the entire State. The longest travel time in the State is to Evansville, IN, which can take anywhere from 3-4 hours. It takes approximately 2 hours to reach either the eastern or western border of the State, and approximately 3 to 3.5 hours to make it to the northern tips of the State. While there are good attorneys to be found in Fort Wayne, South Bend, and Evansville, most Indianapolis attorneys cover every part of the State.

3. How many attorneys are in your office?
Answer: We have 8 attorneys. Two partners, four associates, and two Of Counsel. To see more information about our attorneys, check out their profiles.

4. What is the turnaround time on transactions?
Answer: It depends (isn’t that everyone’s favorite stock answer from an attorney?). It really does depend. While it is certainly possible to give the client an accurate time frame for a particular case or task, it really does depend on opposing counsel, the venue, and the judge. A case that seems very straight forward and simple can be assigned to a judge or particular court that loses filings, post-pones hearings, and takes forever to issue an order; or you can have an opposing counsel that creates a battle over the minutest of details. On the other hand, a case that may seem like it will require a lot of discovery and pre-trial motions can be done quickly if opposing counsel is not adversarial and the judge is efficient. While we are happy to give time estimates (as well as cost estimates), there are just too many factors that we cannot control that can affect how a case proceeds.

My First Jury Trial

2010-06-04T10:01:00.001-04:00

By Jeb Crandall

I recently completed (and won) my first jury trial serving as first chair. It was a great experience and a case that I will never forget. Here is a brief summary of the facts and trial action:

On 5/15/04, Joseph Flannary approached Margarete Martin in her driveway after Mr. Flannary was informed by his renter (who lived two doors down from Ms. Martin) that she had stolen the renter’s newspaper and forced her way into his house. Mr. Flannary had experienced a long history of Ms. Martin causing problems for his renters. During the argument between Ms. Martin and Mr. Flannary, Ms. Martin raised a pair of hedge shears above her head in a threatening manner. In response, Mr. Flannary extended his arms to protect himself from the impending blow. As a result, Mr. Flannary made contact with Ms. Martin and she fell backwards onto the pavement, rendering herself unconscious.

Plaintiff identified her treating physician as her expert, who initially opined that Ms. Martin’s current ailments and pains were a result of the incident with Mr. Flannary. However, upon cross examination, the physician significantly retracted his statements and conceded that he could not with any confidence provide a causal relationship between Ms. Martin’s current complaints and the incident that occurred on 5/15/04.

Defendant identified Dr. Robert Baker, a dynamic orthopedic expert, who confirmed that none of Ms. Martin’s complaints could be related to the incident with Mr. Flannary with any certainty. Instead, Ms. Martin’s ailments were most likely the result of aging. (She was 78 at the time of the incident.)

The case was tried for three days in Jeffersonville, Indiana. Defendant denied Plaintiff’s allegations that he was the aggressor and instead produced witnesses to impeach Ms. Martin’s credibility following her testimony that she was a peaceful person and did not get involved in arguments or altercations. Counsel for defendant drove this point home when Ms. Martin actually struck defense counsel in anger during cross examination and even stated, “I’m gonna get you for this!” within earshot of the jury. This was the nail in the coffin.

The jury returned a verdict in which fault was allocated 49% to Mr. Flannary and 51% to Ms. Martin. Based on the allocation, the court entered judgment for the defendant.

Memorial Day at the Track

2010-05-27T10:58:00.001-04:00

by Jim Bleeke

The last weekend in May always seems like a celebration of the true beginning of summer. In Indianapolis, it has special meaning, because the Indy 500 emphasizes the huge sacrifices of so many who have courageously given their “last measure of devotion” to allow all of us to enjoy the freedoms of our great country. If you get a chance, try to take thirty minutes to watch the pre-race festivities and the start of the race. Listen to the single bugle bellowing “Taps” throughout the throng of more than 300,000 people, and take a moment to thank those who have sacrificed themselves for the rest of us. My kids and I, and our guests, will be about twenty feet from the famed “Yard of Bricks” enjoying it all.

The Month of May in Indianapolis

2010-05-21T09:46:00.001-04:00

Milt Thompson

On the eve of qualifications at our venerable Indianapolis Motor Speedway, I am at great pause with respect to the shadow of what once was great, but not so great.

I grew up in the hay day of Indy Car racing and recall the magical attraction of the place. I continued to be a spectator well into my adulthood and have been fortunate to have worked with great race car drivers and race teams.

I witnessed the Indy Care split, lost of prestige, and consequent reunion of the series more than a decade later.

I, like others, always appreciated the posture of the Motor Speedway and the Hulman Family as they operated a successful enterprise without taxing government for a subsidy. I also, like others, watched before our eyes, a private business implode when the family squabble became public.

What we now expect of new management as they attempt to restore luster to a diminished jewel?

I would submit that gimmicks and get well quick schemes will only exacerbate a market that has lost interest. I will, like you, hope that current management will not forget their history or I fear they might lose their way.

Not only has the Indianapolis 500 lost its mind share in the international and national market; it has lost a great deal of its local appeal. As much as I try, I am having a difficult time “feeling” the month of May with great enthusiasm.

I hope that management will listen carefully to the market place and take steps to reengage its core business so that we may once again proclaim Indy as the “greatest spectacle in racing.”

Primary Elections: Who Cares??

2010-05-11T16:06:00.000-04:00

By Brandon Milster

If I was asked to sum up my political views in as much of a non-partisan way as I could, I guess I would have to say - I enjoy being informed! It appears that party lines are dictating law and policy now more than at any point in recent memory. Republicans and democrats cannot seem to agree on one piece of legislation presented to Congress, and the party line is becoming finer with each passing vote. It also appears that there is a growing distinction between republican and conservative and democrat and liberal. Our citizens are tuning into their favorite news station almost every night to find out the latest developments in healthcare reform, border patrol, United States Supreme Court nominations, etc. One would think that a primary election this year would be a bit more important than in years past.

On May 4, 2010, I went to my registered voting location right before the 6:00 p.m. closing time, cast my vote, and headed over to the vote-tallying machine to insert my card. As my card was being fed through the scanner, I noticed a voter tally for the entire day: 41. That’s right folks: 41. In what could be one of the most influential mid-term elections in years, a mere 41 people decided to cast a vote in my district. I know what you are going to say, “But it’s only a PRIMARY ELECTION.” “I can go vote in November when it really matters.” My reply is simple: Many republican and democratic candidates’ political stances are vastly different (inside their own party). By the time November arrives, the candidate that embodied the beliefs closest to yours may already have been sent home.

I know this is a little too late for people in Indiana, and I apologize for that. However, there are other primary elections around the country in the months ahead. Please go out and vote!!! I am tired of people that complain about what is going on with our country but are too lazy to go out and make a difference.

Indiana Joins The Legal Battle Over Health Care Reform

2010-04-27T09:23:00.001-04:00

By Chris Simpkins

The ink wasn’t even dry on President Obama’s signature before the attorney generals of more than 13 states filed suit in the U.S. District Court for the Northern District of Florida challenging the constitutionality of the newly passed health care legislation. In Indiana, we were left pondering whether Attorney General Greg Zoeller would join the legal battle. On March 29th, 2010, we received our answer as Indiana joined the other multi-state plaintiffs and became the 14th state in the lawsuit. According to Zoeller, “when the federal government imposes unprecedented legal obligations on this magnitude on state government, it is my obligation as Attorney General to join and participate in challenging the constitutionality of the bill.”

The thrust of the challenge is centered on the “individual mandate.” Essentially, beginning in 2014, most citizens will be required to purchase health insurance or pay a fine of $695 per year. Thus, the question becomes: is forcing every American to pay for health insurance constitutional?

Supporters of the mandate argue that case law is on their side, while opponents argue that the mandate falls outside the scope of Congress’s power. The future of the suit is uncertain, but it is sure to be interesting and thought provoking challenge. We are following the case and will have regular updates as it progresses.

Be Good to Your Staff!

2010-04-20T12:19:00.001-04:00

By Jeb Crandall

I bet most of you did not know that April 21, 2010 is Administrative Professionals Day. This day is often overlooked by many employers and managers who are “too busy” to take the time to thank those who are the engine behind the corporate machine. Without these people, the day-to-day tasks that many of us and our businesses take for granted would go undone. How many of us really know how to use a postage machine to send a letter? How about file a document electronically with the court? Or how about use the fax machine??? Think about it. Many of us would be crippled if our support staff decided not to show up one day.

Take the time to thank and appreciate your support staff as often as possible – not just on Administrative Professionals Day. Don’t forget that these are the people who truly make or break a business.

Change in Indiana Child Support Guidelines

2010-04-14T11:03:00.002-04:00

Last fall, the Indiana Supreme Court adopted revisions to the Indiana Child Support Guidelines which became effective January 10, 2010. The revisions address a host of issues such as changes in the range of support for both higher and lower income levels, the calculation of Social Security benefits for both a disabled parent and a child receiving Social Security benefits, negative child support and new health insurance calculations.

The prior child support guidelines stopped on the calculator at a gross weekly income of $4,000. Any amount of $4,000 per week required practitioners to use a complicated mathematical formula to derive any additional support. This resulted in persons with substantially larger incomes being ordered to pay a much lower child support obligation in comparison to other states. For example, under the old guidelines, a person making $10,000 per week would pay support in the amount of $412.38 per week. Now, under the new guidelines that same person would be paying $712.00 per week.

The new guidelines also address the issue of people who make less income. The prior guidelines mandated a minimum support order of $25.00 per week. The new guidelines start at a support amount of $12.00 per week.

When determining gross income, Guideline 3A states that a disabled parent’s gross income must include the social security disability benefits paid for the benefit of the minor child. Survivor benefits are not to be included. Supplement Security Income (SSI) is treated differently than Social Security retirement as SSI is means tested and therefore cannot be included in a parent’s gross income. Receipt of Social Security retirement income is still discretionary with the Court.

Under the old guidelines, the non-custodial parent was to pay child support to the custodial parent. There were, however, times when the income of the custodial parent led to a situation where the child support obligation became a “negative” child support obligation. In other words, according to the Child Support Obligation Worksheet (CSOW) the custodial parent should have been paying child support to the non-custodial parent. Case law in Indiana did not necessarily allow for negative child support. The new guidelines now allow the Courts to order a custodial parent to pay a non-custodial parent child support if the CSOW so indicates.

A major change in the guidelines also addresses the issue of health insurance coverage and payment of health insurance premiums. As a result of Federal legislation, parties and attorneys will now be required to prepare a separate health insurance worksheet to be submitted with the CSOW. The purpose of this worksheet is to determine whether it is reasonable under the guidelines to require on or both of the parents to carry health insurance. For purposes of determining what is reasonable, the worksheet indicates that payment of a premium in excess of 5% of that party’s gross weekly income would not be considered reasonable.

If you are considering a change in the child support obligation you either pay or receive, you should familiarize yourself with the new guidelines.

NCAA Championship Basketball

2010-04-05T16:15:00.001-04:00

By Milton Thompson

I'm writing this note several hours before the NCAA Championship basketball game between Perennial power Duke and hometown Butler University. The historic consequences of the game's outcome is but a small part of my comments. While hosting a few friends and sports executives who have traveled to Indianapolis to participate in the "Final Four," I have noticed the culmination of a dream contemplated by our civic and political leadership, that has not always been popularly supported. That dream, one of making downtown Indianapolis the destination site of choice for major world class events has been realized. I applaud the courageous foresight of those visionaries who posited a dream and worked tirelessly despite criticism to realize this dream. I proudly escort our visitors past Conseco Fieldhouse, Lucas Oil Stadium, the new Marriott, and the expansion of the convention center and smile at the prospect of answering a childhood question of "are we there yet?" Well, we are not there yet, but the road is clearly paved and the dream is still alive. For every great stride by a community, there is some attendant pain, taxes, inequity, philosophical and fiscal differences pock mark the road. But, these differences seemed small and almost inconsequential while enjoying the tangible fruits of the decisions to forge forward with progress.

In 49 other states, it is basketball . . . But THIS IS INDIANA!!!

2010-04-01T10:20:00.005-04:00

By Jim Bleeke

While these days many people around the country identify Indiana and Indianapolis with the Colts, the long-time heritage of sports in the Hoosier state is basketball. The movie Hoosiers is a true story and captures how much basketball has meant to communities small and large for years.

From John Wooden who played high school hoops and began coaching in Indiana to Oscar Robertson, George McGinnis, Larry Bird and then adopted son, Reggie Miller basketball just resonates in the soul of many Indiana natives.

When I (Jim) was a little kid, my Mom and sister had to sit on the floor during the state basketball tournament, because they had broken a chair jumping up and down in previous years. My Uncle Bud Rector had made the longest shot ever in the state championship in Hinkle Fieldhouse (where Butler still plays) when playing for tiny Bluffton High School. As he retold the story over the years it seemed the shot was from somewhere barely inside the state line.

This year, Indianapolis' own little college, Butler, is trying to win it all in their home town and the city is electric with anticipation. It is like the college version of the movie Hoosiers, with Butler playing the role of little Milan in the finals.

My high school buddy Tim Shepler will be joining me for the game. He is a high school basketball coach at Homewood High school in Birmingham, where he coached Butler's defensive ace Ronald Nored. When Tim attended college in Oklahoma, he would always ask his friends if they wanted to go play some “Indiana,” which they all knew meant basketball.

We hope everybody enjoys the final four as much as those of us in Indiana will, whether Butler wins or not.

Final Four Comes to Indianapolis

2010-03-31T11:23:00.004-04:00

By Karen Woods
Marketing Coordinator

Indianapolis, Indiana
Tentative schedule
All times are subject to change; all times are local, Eastern time
All events are open to the public

Thursday, April 1

NCAA Hall of Champions
Admission: $5 – Adults
$3 – Youth (ages 6 to 18) and Seniors (ages 65 and older)
Free – Children 5 and under
Hours: 8 a.m. – 5 p.m.
Description: The Hall of Champions offers an exciting opportunity to engage with the NCAA student-athlete. Whether you are an avid sports fan or just want to learn more about how college and university life combines with athletics, the Hall of Champions is for you.

Bracket TownTM refreshed by Coca-Cola ZeroTM
Location: Indiana Convention Center
Admission: $10 (ages 12 and over)
$6 (ages 3-11, college students*, senior citizens (55 and older), and military*)
Free (ages 2 and under)
*Appropriate ID required.
Beginning March 8, courtesy of NCAA Corporate Champion, Coca-Cola, advanced tickets can be purchased for $2 off at select Meijer stores throughout the state of Indiana or they can be purchased at regular price on the day of the event at the Indiana Convention Center box office.
Hours: 5 – 10:30 p.m.
Description: Come play with the best at Bracket Town refreshed by Coca-Cola Zero – the ultimate fan experience. Fans of all ages can test their skills and enjoy championship action with basketball competitions, clinics, performances, autograph sessions and photo ops, the latest in interactive games and demonstrations, prizes and more. Everyone’s a champion at Bracket Town.

State Farm College Slam Dunk and Three Point Championships
Location: Indiana Convention Center
Admission: TBD
Hours: 7 – 9:30 p.m
Description: The 22nd annual slam dunk and three point championships is making its first official appearance at the Men’s Final Four. The event, which is televised on ESPN, brings together college basketball’s top three-point shooters and slam dunk artists competing in four separate competitions: men’s three-point shooting, women’s three-point shooting, men’s vs. women’s three-point champions and the slam dunk competition.
Ticket Prices
$25 (ages 12 and over)*
$15 (ages 3-11)*
Free (ages 2 and under)
*INCLUDES BRACKET TOWN ADMISSION
Tickets are now available at the Lucas Oil Stadium box office and will be available at the ICC box office beginning Thursday, April 1.

Friday, April 2

USBWA Awards Breakfast
Location: Columbia Club
Admission: $75
Hours: 8 a.m.
Description: The basketball writers will hand out the organizations’ National Coach and National Player of the Year awards. Tickets can be purchased by visiting http://www.sportswriters.net/usbwa/awards/breakfast/index.html

NCAA Hall of Champions
Admission: $5 – Adults
$3 – Youth (ages 6 to 18) and Seniors (ages 65 and older)
Free – Children 5 and under
Hours: 8 a.m. – 5 p.m.
Description: The Hall of Champions offers an exciting opportunity to engage with the NCAA student-athlete. Whether you are an avid sports fan or just want to learn more about how college and university life combines with athletics, the Hall of Champions is for you.

Bracket TownTM refreshed by Coca-Cola ZeroTM
Location: Indiana Convention Center
Admission: $10 (ages 12 and over)
$6 (ages 3-11, college students*, senior citizens (55 and older), and military*)
Free (ages 2 and under)
*Appropriate ID required.
Beginning March 8, courtesy of NCAA Corporate Champion, Coca-Cola, advanced tickets can be purchased for $2 off at select Meijer stores throughout the state of Indiana or they can be purchased at regular price on the day of the event at the Indiana Convention Center box office.
Hours: 10 a.m. – 8 p.m.
Description: Come play with the best at Bracket Town refreshed by Coca-Cola Zero – the ultimate fan experience. Fans of all ages can test their skills and enjoy championship action with basketball competitions, clinics, performances, autograph sessions and photo ops, the latest in interactive games and demonstrations, prizes and more. Everyone’s a champion at Bracket Town.

Final Four Friday® – Team Practices
Location: Lucas Oil Stadium
Admission and Parking: Free
Hours: Noon – 4 p.m. (Gates open at 11 a.m.)
Description: Come watch the student-athletes from the 2010 NCAA Final Four teams in their final practice before the national semifinal games. Also watch members of the US National Wheelchair Basketball team compete in a full court wheelchair basketball exhibition, presented by The Hartford. Enjoy the opportunity to hear from each head coach of the participating Final Four teams after the practice session is completed. Fans in attendance will be randomly selected to win national semifinal and championship game tickets throughout the day! Practice times are based on team seeding:
Noon – 12:50 p.m. Butler
1 – 1:50 p.m. West Virginia
2:10 – 3 p.m. Michigan St.
3:10 – 4 p.m. Duke

Indiana Blood Drive
Location: NCAA Hall of Champions Parking Lot
Admission: Free
Hours: 4 – 8 p.m.
Description: The NCAA Men’s Final Four will team with the Indiana Blood Center in hosting a blood drive during the 2010 Men’s Final Four. The Final Four blood drive will allow the Indianapolis local community and visitors to contribute to the greater good of saving lives. Indiana Blood Center is a vital link in Indiana’s health care infrastructure, supplying more than 550 units of blood to more than 60 Indiana hospitals every day. The nonprofit community service organization was founded in 1952 to provide a continuous, safe and adequate supply of blood products and testing services.

AT&T® Block Party – The Big Dance® Concert Series
Location: White River State Park
Admission: Free
Hours: 4 – 10:30 p.m.
Description: The Big Dance is a free three-day concert series open to music fans in celebration of the NCAA Men’s Final Four. The concerts tip off Friday with the AT&T Block Party featuring GRAMMY Award winning, multiplatinum headline band Stone Temple Pilots. In addition to the music, there will be plenty of food and activities to keep you entertained. Stop by the AT&T 3G Experience tent to play games, pick up free prizes and check out all the latest wireless technology.

Concert Times:
Shadeland: 5:00 p.m.
Opening Act 2: 7:30 p.m.
Stone Temple Pilots: 9:00 p.m.

Reese’s® College All-Star Game
Location: Lucas Oil Stadium
Admission: Free
Hours: 4:35 p.m.
Description: The Reese’s College All-Star Game features two teams comprised of the top collegiate senior student-athletes in the country. For the third year, the game will be played in the Final Four venue and will provide Indiana residents and other NCAA basketball fans the chance to see many of the best college basketball players perform in action for free!

Final Four® Fan Gathering Restaurants
Locations:
West Virginia: Scotty’s Brewhouse
Michigan St.: Champps Restaurant
Butler: RAM Restaurant & Big Horn Brewery
Duke: Buffalo Wild Wings
Description: Downtown restaurants will adopt fans from each of the Final Four teams during the championship week in Indianapolis. Make these establishments your headquarters to meet old friends, new friends and fellow alumni. These establishments will be the main gathering locations throughout the week. See you there!

Saturday, April 3

NCAA Hall of Champions
Admission: $5 – Adults
$3 – Youth (ages 6 to 18) and Seniors (ages 65 and older)
Free – Children 5 and under
Hours: 8 a.m. – 5 p.m.
Description: The Hall of Champions offers an exciting opportunity to engage with the NCAA student-athlete. Whether you are an avid sports fan or just want to learn more about how college and university life combines with athletics, the Hall of Champions is for you.

vitaminwater® revive NCAA Youth Clinics
Locations: Butler University (Hinkle Fieldhouse), University of Indianapolis (Nicoson Hall), Warren Central High School
Admission: Free (Participants must be between 8-16 years of age [boys and girls] and pre-registered).
Hours: 8:30 a.m. – 12:30 p.m.
NCAA Youth Clinics Registration
Description: The NCAA Youth Clinics are a community outreach program that connects kids ages 8 – 16 with the basketball championship and provides them with resources designed to have a lasting impact. Participants receive sport instruction from NCAA coaches and student-athletes and get valuable information on fitness, healthy lifestyles and sportsmanship. The clinics also feature a session for parents and guardians with information on recruiting, academic and eligibility issues.

Bracket TownTM refreshed by Coca-Cola ZeroTM
Location: Indiana Convention Center
Admission: $10 (ages 12 and over)
$6 (ages 3-11, college students*, senior citizens (55 and older), and military*)
Free (ages 2 and under)
*Appropriate ID required.
Beginning March 8, courtesy of NCAA Corporate Champion, Coca-Cola, advanced tickets can be purchased for $2 off at select Meijer stores throughout the state of Indiana or they can be purchased at regular price on the day of the event at the Indiana Convention Center box office.
Hours: 10 a.m. – 8 p.m.
Description: Come play with the best at Bracket Town refreshed by Coca-Cola Zero – the ultimate fan experience. Fans of all ages can test their skills and enjoy championship action with basketball competitions, clinics, performances, autograph sessions and photo ops, the latest in interactive games and demonstrations, prizes and more. Everyone’s a champion at Bracket Town.

State Farm Coaches All-American Team Introduction
Location: Bracket Town refreshed by Coca-Cola Zero
Admission: Bracket Town Admission
Hours: 11 a.m. – 1 p.m.
Description: The All-American team will take center court for introduction and autographs.

AT&T Presents Grammy nominated rapper, FABOLOUS
Location: Bracket Town refreshed by Coca-Cola Zero
Admission: Bracket Town Admission $10 (ages 12 and over) $6 (ages 3-11; college students*, senior citizens (55 and older), and military*) Free (ages 2 and under) *Appropriate ID required.
Hours: Performance at 3 p.m.; Autograph Session from 4 – 5 p.m.
Description: Come out to Bracket Town and check out a live performance from Grammy nominated rapper, Fabolous. Don’t miss your chance to meet and get an autograph from Fabolous right after his performance.
Coca-Cola ZeroTM Countdown – The Big Dance Concert Series
Location: White River State Park
Admission: Free
Hours: Noon – 8 p.m.
Description: The Big Dance is a free three-day concert series open to music fans in celebration of the NCAA Men’s Final Four. Saturday is the Coca-Cola ZeroTM Countdown, which will feature former American Idol season 5 finalist and 2007 Billboard Album of the Year artist, Daughtry. Also performing Saturday will be Country Music Association New Artist of the Year Darius Rucker, with special guest Ryan Seacrest hosting the Coca-Cola Zero Countdown. Since Saturday is game day, fans will be able to participate in the World’s Largest Pep Rally, enjoy a military flyover, and stay in the park to watch the semifinal games on the video boards with thousands of your closest friends.

Concert Times:
Melanie Fiona: 12:30 p.m.
Pep Rally: 1:45 p.m.
Flyover: 2:15 p.m.
Darius Rucker: 2:30 p.m.
Daughtry: 4:00 p.m.

Indiana Blood Drive
Location: NCAA Hall of Champions Parking Lot
Admission: Free
Hours: 1 – 6 p.m.
Description: The NCAA Men’s Final Four will team with the Indiana Blood Center in hosting a blood drive during the 2010 Men’s Final Four. The Final Four blood drive will allow the Indianapolis community and visitors to contribute to the greater good of saving lives. Indiana Blood Center is a vital link in Indiana’s health care infrastructure, supplying more than 550 units of blood to more than 60 Indiana hospitals every day. The nonprofit community service organization was founded in 1952 to provide a continuous, safe and adequate supply of blood products and testing services.

Final Four® Fan Gathering Restaurants
Locations:
East Regional: Scotty’s Brewhouse
Midwest Regional: Champps Restaurant
West Regional: RAM Restaurant & Big Horn Brewery
South Regional: Buffalo Wild Wings
Description: Downtown restaurants will adopt fans from each of the Final Four teams during the championship week in Indianapolis. Make these establishments your headquarters to meet old friends, new friends and fellow alumni. These establishments will be the main gathering locations throughout the week. See you there!
See you there!

National Semifinals
Location: Lucas Oil Stadium
Admission: Sold out. Seating capacity is approximately 71,000.
Hours: Tipoff is approximately 6:07 p.m. The second semifinal game will take place approximately 40 minutes after the conclusion of the first game. (Gates open at 4 p.m.)
Description: The NCAA Division I Men’s Basketball Championship is held each spring featuring 65 college basketball teams in the United States. The 20-day tournament, commonly referred to as March Madness®, has become one of the country’s most prominent sporting events. The tournament, whose field includes conference champions and other top teams, is staged in a single elimination format. Since its 1939 inception, it has built a legacy that includes dynasty teams, dramatic underdog stories and outstanding individual performances.

Sunday, April 4

NCAA Hall of Champions
Admission: $5 – Adults
$3 – Youth (ages 6 to 18) and Seniors (ages 65 and older)
Free – Children 5 and under
Hours: 8 a.m. – 5 p.m.
Description: The Hall of Champions offers an exciting opportunity to engage with the NCAA student-athlete. Whether you are an avid sports fan or just want to learn more about how college and university life combines with athletics, the Hall of Champions is for you.

NCAA® Final Four® Dribble
Location:
Start: NCAA National Office (located in White River State Park)
Finish: Indiana Convention Center (corner of West and Maryland)
Admission: Free
Hours: Dribble begins at 3 p.m.; All participants, including pre-registered, must check-in prior to 2:30 p.m.
Online Registration: Online registration will be available to the first 2,000 registrants.
Onsite Registration: 11 – 2:30 p.m.
Description: Basketball fans, under the age of 18, will have the opportunity to dribble from White River State Park to the entrance of Bracket Town refreshed by Coca-Cola Zero® at the Indiana Convention Center. Participants will receive a free basketball and t-shirt courtesy of the NCAA. Participants wearing the Final Four Dribble t-shirt will also receive free admission to Bracket Town on event day.

Bracket TownTM refreshed by Coca-Cola ZeroTM
Location: Indiana Convention Center
Admission: $10 (ages 12 and over)
$6 (ages 3-11, college students*, senior citizens (55 and older), and military*)
Free (ages 2 and under)
*Appropriate ID required.
Beginning March 8, courtesy of NCAA Corporate Champion, Coca-Cola, advanced tickets can be purchased for $2 off at select Meijer stores throughout the state of Indiana or they can be purchased at regular price on the day of the event at the Indiana Convention Center box office.
Hours: Noon – 8 p.m.
Description: Come play with the best at Bracket Town refreshed by Coca-Cola Zero – the ultimate fan experience. Fans of all ages can test their skills and enjoy championship action with basketball competitions, clinics, performances, autograph sessions and photo ops, the latest in interactive games and demonstrations, prizes and more. Everyone’s a champion at Bracket Town.

Final Four® Fan Gathering Restaurants
Locations:
East Regional: Scotty’s Brewhouse
Midwest Regional: Champps Restaurant
West Regional: RAM Restaurant & Big Horn Brewery
South Regional: Buffalo Wild Wings
Description: Downtown restaurants will adopt fans from each of the Final Four teams during the championship week in Indianapolis. Make these establishments your headquarters to meet old friends, new friends and fellow alumni. These establishments will be the main gathering locations throughout the week. See you there!

Big Dance Sunday – The Big Dance Concert Series
Location: White River State Park
Admission: Free
Hours: 3 – 10 p.m.
Description: The Big Dance is a free three-day concert series open to music fans in celebration of the NCAA Men’s Final Four. The Big Dance will wrap up Sunday with multiplatinum, four-time GRAMMY nominees the Goo Goo Dolls, along with other national recording artists to be named soon. Come early and stay long – AT&T and Coca-Cola will host interactive areas all weekend, and there will be plenty of food and festivities to go along with this unique concert spectacular. Join the party. It’s fabulous, fun, and free!

Concert Times:
The Elms: 4:15 p.m.
Jake Owen: 5:45 p.m.
LL Cool J: 7:15 p.m.
Goo Goo Dolls: 8:45 p.m.

Annual King-Kennedy Commemoration
Location: MLK Park; 17th and College
Admission: Free
Hours: 5 – 6:30 p.m.
Description: Every April 4th the Indianapolis community honors two men who are bound by local and national history at this site. The speech given by Senator Robert F. Kennedy the evening of Dr. Martin Luther King Jr.’s death on April 4, 1968, in MLK Park, now known as King Park, is credited with saving the city of Indianapolis from violence and riots. The NCAA and the April 4th Committee continue to use different platforms to reach the same goals of equality, cooperation, and leadership. Having their paths cross during this significant date in history presents an opportune time to communicate this message and to shine light on an event that catapulted these efforts, not only in the Indianapolis community, but throughout the entire country.

AT&T Guardians of the Game Awards Show
Location: Murat Theatre – Indianapolis
Admission: $15 at the box and $17 + fees online/phone
Order by Phone: 317-238-5151
Online: www.livenation.com
Murat Box Office: Located at 502 New Jersey St., Indianapolis, IN
Hours: 6 p.m. (doors open at 5:30 p.m.)
Description: The annual AT&T Guardians of the Game awards show is the event where the most outstanding coaches and players in men’s college basketball are honored. The highlight of the annual National Association of Basketball Coaches (NABC) convention, held in conjunction with the NCAA® Final Four®, the awards show features appearances by the two coaches whose teams will battle for the NCAA championship; coach and player of the year recipients from NCAA Division I, Division II and Division III; and Division I awards for defensive player of the year and big man of the year. Four individuals will receive Guardians of the Game Pillar awards, representing the core values of NABC members – service, advocacy, education and leadership. The show, hosted by Tim Brando of CBS Sports, concludes with the presentation of the Naismith Trophy, presented by AT&T, to the nation’s most outstanding player.

Monday, April 5

NCAA Hall of Champions
Admission: $5 – Adults
$3 – Youth (ages 6 to 18) and Seniors (ages 65 and older)
Free – Children 5 and under
Hours: 8 a.m. – 5 p.m.
Description: The Hall of Champions offers an exciting opportunity to engage with the NCAA student-athlete. Whether you are an avid sports fan or just want to learn more about how college and university life combines with athletics, the Hall of Champions is for you.

NCAA® Men’s Final Four® Sports Career & College Expo
Location: Butler University – Hinkle Fieldhouse
Admission: Free
Hours: 9:15 a.m. – 1:30 p.m.
Description: The NCAA Men’s Final Four Sports Career & College Expo will enlist professionals from all aspects of the sports industry to inform, educate and enlighten high school and college students on athletics and non-athletics sports career options in addition to giving them an opportunity to meet with local and national college representatives.

Bracket TownTM refreshed by Coca-Cola ZeroTM
Location: Indiana Convention Center
Admission: $10 (ages 12 and over)
$6 (ages 3-11, college students*, senior citizens (55 and older), and military*)
Free (ages 2 and under)
*Appropriate ID required.
Beginning March 8, courtesy of NCAA Corporate Champion, Coca-Cola, advanced tickets can be purchased for $2 off at select Meijer stores throughout the state of Indiana or they can be purchased at regular price on the day of the event at the Indiana Convention Center box office.
Hours: Noon – 8 p.m.
Description: Come play with the best at Bracket Town refreshed by Coca-Cola Zero – the ultimate fan experience. Fans of all ages can test their skills and enjoy championship action with basketball competitions, clinics, performances, autograph sessions and photo ops, the latest in interactive games and demonstrations, prizes and more. Everyone’s a champion at Bracket Town.

Final Four® Fan Gathering Restaurants
Locations:
East Regional: Scotty’s Brewhouse
Midwest Regional: Champps Restaurant
West Regional: RAM Restaurant & Big Horn Brewery
South Regional: Buffalo Wild Wings
Description: Downtown restaurants will adopt fans from each of the Final Four teams during the championship week in Indianapolis. Make these establishments your headquarters to meet old friends, new friends and fellow alumni. These establishments will be the main gathering locations throughout the week. See you there!

National Championship
Location: Lucas Oil Stadium
Admission: Sold out. Seating capacity is approximately 71,000.
Hours: Tipoff is approximately 9:21 p.m. (Gates open at 7 p.m.)
Description: This is the game everyone has waited for. The top two teams in the nation will play each other for the most coveted title in every intercollegiate sport – National Champions!

NABC Championship Trophy Presentation Celebration
Location: National Champion Downtown Hotel
Admission: Free
Hours: Postgame
Description: Winning coach and student-athletes will be presented with the NABC championship trophy in a pep rally setting for all fans to enjoy.

Las Vegas and March Madness

2010-03-24T08:59:00.002-04:00

By Brandon Milster

This past weekend, I had the opportunity to attend the Defense Research Institute’s (“DRI”) annual Damages Conference in Las Vegas, Nevada. Prior to this trip, I had never been to Las Vegas and was very excited to finally see what Sin City was really all about. The first evening of the conference was centered on networking activities and meeting other attendees. I was fortunate to meet many other young attorneys that were also at their first DRI conference, and we all quickly found out we had much in common. We discussed the firms we worked for, some experiences in our first years of practice, and of course, the NCAA basketball tournament and which casinos we planned to hit!

Suffice it to say, the three day conference flew by in record time! The conference was excellent, especially for a young attorney that is just starting to practice. The topics covered were well planned, informative, and very interesting. I learned a great deal about how to evaluate a case from beginning to end, proper client communication, and aspects of expert testimony that I never have considered. When the conference was completed for the day, we were given ample time to tour Las Vegas. It delivered as advertised.

If you are a young defense attorney, I highly recommend attending this conference in the future. Las Vegas is an excellent venue, and who can complain about being there for the first round of the NCAA tournament! Rest assured, I was able to take in many of the games!!

NBI Premises Liability Case Preparation and Trial Seminar

2010-03-23T16:26:00.000-04:00

This event is presented by the National Business Institute (NBI) on April 28, 2010. This event will take place at the Hilton Indianapolis North. This seminar will provide a proven, straightforward guide to the process from general strategy to the smallest procedural detail in premises liability cases.

This seminar is especially important to SweetinBleeke Attorneys, because Doris Sweetin is going to be one of the experts presenting at this seminar. She will present about expert witness's in premises liability cases and defending the premises liability case.

For more information about this seminar please visit the NBI website or check out the online brochure.

Feeding Indiana’s Hungry in the March Against Hunger

2010-03-17T12:31:00.004-04:00

By Karen Woods
Marketing Coordinator

SweetinBleeke is excited to be teaming up with the Attorney General, Indiana State Bar Association, and Feeding Indiana’s Hungry in the March Against Hunger. This is the second year the firm has participated in this annual food drive taking place from March 15 – March 31. We are competing in the small firm category against other legal offices to see who can get the most pounds of food. If you would like to participate you can bring canned goods to our office or make a monetary donation please contact our Marketing Coordinator Karen Woods at karen@sweetinbleeke.com or 317.567.2222.

A Taste of Mayberry

2010-03-09T14:36:00.004-05:00

By Carol Dillon

On my way back from meeting a client recently, I stopped at the Mayberry Café in downtown Danville, IN. This wasn’t my first time at the café, but it was a particularly enjoyable dinner. For those of you who have not heard of the Mayberry Café or who have not been there, I highly recommend it. Fans of the good old Andy Griffith Show can enjoy delights on the menu such as the Ernest T Bass Fish Special, the all you can eat spaghetti bar, and my favorite, Clara’s Blackberry Cobbler. When you eat at the Mayberry Café, reruns play on television screens in all corners of the restaurant; pictures of the cast and scenes from the show hang along the walls; and you can buy funny t-shirts such as “Mayberry Choppers,” featuring Barney riding a motorcycle. In the spring and summer Andy Griffith’s old Police car sits outside of the restaurant and there’s even an Opie look-alike contest. The onion rings are a particular treat. If you find yourself wanting some simple, good home-cooking, consider traveling to Danville and supporting a locally owned café as opposed to the chain restaurants that you can find on every corner.

Golf Course Business

2010-03-02T15:07:00.001-05:00

By Jeb Crandall

What is it about a golf course that is so conducive to “conducting business?” Why is the golf course one of the first places we think of when deciding where to take a current or potential client? I’ll tell you what it is. It is a place where people let down their guard and show their true colors. It is four hours of really getting to know somebody - the good, the bad and the ugly. You haven’t witnessed raw emotion until you see someone sink their first birdie or miss a 3 footer to save par. Sharing in those moments on the golf course seems to create an immediate bond that carries over to the business world. We become more comfortable and confident with someone on a professional level after we spend an afternoon getting to know them on a personal level. It allows a more open and honest communication as the professional relationship develops. Even for those who don’t really play golf, it’s hard to beat spending a few hours on a sunny day traversing the lush green fairways of a perfectly manicured golf course.

So next time you are considering how to best use your time with a current or potential client, grab your sticks and head out to your local course. You will get much more in return than just a free round on the company dime.

The Future of the NFL

2010-02-18T10:10:00.003-05:00

By Milt Thompson

The City of Indianapolis and the National Football League have enjoyed a remarkable relationship. Indianapolis is the annual host of the NFL combines where more than 300 prospective draftees are tested by all NFL teams. The NFL Players Association also conducts one of it's agents meetings in conjunction with the Combines. Of course the success of the Indianapolis Colts over the past decade has been integral to the city winning the bid to host the 2012 Superbowl following the 2011 season.

The NFL and the Players union have had an acrimonious past but have worked together under its current collective bargaining agreement to create the best and most commercially viable professional sports enterprise in the United States today. Unfortunately, the current collective bargaining agreement ends after the 2011 Superbowl that will be held in Dallas Texas after the 2010 season. Pursuant to that agreement, that if a new deal is not made, the 2010 season will operate without the existing salary cap per team which will create some interesting consequences with respect to player free agency and team management's ability to field competitive teams when larger market teams may use more resources to sign their own, or other team's unprotected players.

The well managed teams from a capped perspective will have an advantage because they have staggered the labor force in such a way that primary players are unable or unlikely to move. The Colt's seem to be in that position and appear roster ready to compete for another Superbowl run next season. Here is where the fun or pain begins. The negotiations for a new collective bargaining agreement are at am impasse. If the NFL and the Player's union cannot reach a new deal, the 2011 season could be in jeopardy of a player lockout, and a subsequent blow to the organizing effort of the 2012 superbowl here in Indianapolis. The union is unwilling to fore go salary gains based on television revenue, and the NFL is interested in changing the current business model to direct more equity amongst competing interests from its small and large market teams. Although this is a simplified citation of the differences, suffice it to say that the real issues are about money and who gets the lion's share. The irony here, is that the place where both the NFL and Players unite, Indianapolis, could be the place that has the most to lose from their current intransigent positions. Please let cooler heads prevail and don't kill the goose with the preverbial golden egg and consider all those who stand to loose from a preventable work stoppage.

Trying HARD to comply with Medicare Secondary Payer rules

2010-02-16T09:50:00.000-05:00

By Jim Bleeke

I recently attended the Defense Research Institute Medical Liability and Health Care Law Seminar in Phoenix (where snow in the rest of the country was a distant rumor).

One of the topics that generated much discussion was the presentation on the Medicare, Medicaid and SCHIP Extension Act that is causing major concerns for defense and plaintiffs lawyers about how to settle cases while still complying with the law. While no definitive answers are readily available, a United States District Attorney emphasized that this is all just intended to recover for taxpayers money paid to individuals for injuries caused by entities other than the government. The speaker emphasized that the earlier in the case that efforts are made to secure that objective, the greater the likelihood that the United States Government will consider the good faith efforts made to comply with the law.

As experience with these new rules develops, it will be helpful to approach all of the more rigorous requirements with an understanding that the goal is to make the taxpayers as whole as possible for outlays that legally should be borne by the responsible tortfeasor.

Campaign Fairness

2010-02-01T17:04:00.000-05:00

By Brandon Milster

The United States Supreme Court recently issued a lengthy opinion in Citizens v. Federal Election Commission, which is already being viewed as a landmark constitutional law analysis in the areas of free speech and political campaigning. With mid-term congressional elections right around the corner, all potential candidates are reading this decision with great interest and speculation as to its far-reaching implications. In short, the Court held that corporate entities are no longer limited in the amount they can spend to finance political campaigns.

In today’s society, campaigns are already largely influenced by the national and local media, special interest groups, educational institutions, and private spending. Why should the ability of corporate America be limited? This is a major victory for the free speech rights of not only businesses but the American public as a whole. Washington should not be allowed to dictate how a campaign is funded. If the support and financing are available, then the political ideals represented by that individual’s campaign should be the beneficiary, regardless of whose stationary the check is written on.

Finding a Divorce or Family Law Attorney

2010-01-28T12:11:00.001-05:00

By Kristen Halliden

Finding a divorce or a family law attorney can be difficult. Referrals are always good, at least from people you know well and trust, but meeting with a potential family law attorney before you hire him/her is always a good idea. Whatever type of family law situation you’re going through, you are going to have discuss personal issues with your attorney. So you want to make sure that you hire someone you can talk to and someone that you feel you can trust to have your back. Someone that you can ask questions of. Someone who may intimidate the other side but does not intimidate you.

Clients always think they want the aggressive attorney. Beware! Being known as an aggressive or bull-dog attorney can all be very well, except when it’s your attorney acting that way towards you!

Protect yourself this Winter

2010-01-19T10:45:00.004-05:00

By Carol Dillon

As winter drags on, here are a few helpful reminders for homeowners and business owners to avoid pesky slip and fall lawsuits. First and foremost, be reasonable. If you are having people over to your home, or you know someone will be on your property, for instance a Realtor, Meter person, etc., shovel your driveway and walkways and put down ice melt. You don’t have to get every scrap of snow and ice, but make a reasonable effort to make it safe for people. Also, if you are piling up snow when shoveling, don’t pile it so high or in areas that might block driver’s views, including your own. When you are driving, expect people to do the dumb thing. While you might be driving safely and cautiously because of snow and ice, expect others not to. Take extra time and room to put on your brakes and feel free to go slow.

Dog Bite Liability in Indiana

2010-01-11T10:08:00.002-05:00

By Jeb Crandall

Many people believe Fido gets “one free bite” before liability can be imposed on a dog owner following an attack. This is not the case in Indiana. In fact, an owner can even be held strictly liable if man’s best friend bites a public servant such as a mail carrier.

Overall, the common law presumes that all dogs, regardless of breed or size, are harmless. That presumption can be overcome by evidence of a known vicious or dangerous propensity of the particular dog. The owner or keeper of a dog who knows of any vicious propensity is required to use “reasonable care” in those circumstances to prevent the animal from causing injury. Furthermore, the owner of a dog is expected to use reasonable care to prevent injury that might result from the natural propensities of dogs. Thus, whether the owner or keeper of the animal is aware of any vicious propensity, the legal description of the duty owed is the same: that of reasonable care under the circumstances.

So if Polly the Poodle is known to have an aggressive side, her owner needs to do more to protect the public than does the owner of a gentle giant. Maybe that electric fence that Polly has escaped from in the past isn’t sufficient for “reasonable care.”

Getting Ready for the New Year

2010-01-04T09:48:00.002-05:00

By Jim Bleeke

Here in Indianapolis, we are trying to forget about the Colt’s decision to forego a chance at a perfect season and look ahead with great hope for the playoffs.

Here at SweetinBleeke Attorneys, we have taken time over the holidays to appreciate family and friends (which includes the many clients and colleagues we could among our valued friends). We hope to being a new decade in 2010 re-energized.

List of US federal holidays for 2010

2009-12-29T09:43:00.001-05:00

Friday, January 1 – New Year’s Day
Monday, January 18 – Martin Luther King Jr. Day
Monday, February 15 – President’s Day
Monday, May 31 – Memorial Day
Sunday, July 4 – Independence Day
Monday, September 6 – Labor Day
Monday, October 11 – Columbus Day
Thursday, November 11 – Veterans Day
Thursday, November 25 – Thanksgiving
Saturday, December 25 – Christmas

A Season of Giving

2009-12-15T09:22:00.003-05:00

By Brandon Milster
Attorney

Every Friday I take another look at the following week’s calendar and always seem to realize how busy the next week will be just as the current one ends. The world just never seems to slow down, whether you’re in school, working, raising children, or any combination of the three. There is always another deadline to meet, another place to be, or something else that must be done. The holiday season is absolutely no different. Everyone is busy shopping, traveling to the homes of loved ones, or preparing for a meal. However, no matter how busy everyone becomes during the holidays, we must always remember that there are others that have it much worse.

This weekend I had the opportunity to volunteer for a battered and homeless women and children charitable event. On Saturday, I woke up at 6:30 in the morning (yep…6:30 a.m. on a Saturday – what was I thinking) to go serve food and help underprivileged children get to see Santa Claus. It was truly a unique and fantastic experience. Most of us remember growing up and receiving at least a few exciting presents on Christmas. Do you remember the excitement – the anticipation? Do you remember playing with your new toys all day long and probably falling asleep with them? Well, most of these women and children have none of that. There is nothing to look forward to; there is nothing to anticipate. There is just another day of struggling to feed their families and stay warm.

As we look all look ahead to another busy week, let us not forget those who have nothing to look forward to. In these economic times of hardship, let us not forget that you can always donate a little time or a toy that is no longer played with around your house. There are many ways that you can help someone else have a happier holiday season. So please look around your community and see if there is anything you can do; remember, it doesn’t take much to make someone else’s day a little brighter.

A Private Trip to the White House

2009-12-08T15:21:00.004-05:00

By Kristen Halliden
Attorney

This past weekend my family and I had the privilege of being given a private tour of the White House. Since there was little to do on the 10 hour drive to DC I daydreamed about what we would be seeing. The Oval Office? The West Wing? The Salahis? I hoped against hope that we would run into one of the movers and shakers and maybe even, gasp! Obama himself. I fantasized about spending hours in the White House, soaking up all that history and learning all the little ins and outs of politics in our country’s capital.

But, alas, it was not to be. After only five hours of sleep, we were up and tramping through a cold, rainy morning to get from our hotel to the White House. The weather was so bad that we stopped tramping and hailed a taxi to get us to the southeastern visitor’s entrance. After we poured out of the taxi, my heart sank: the line to get in to the White House was already up the block. Whatever happened to our private tour? Where did all these other people come from? I thought we were going to be the only ones there!

But, as luck would have it, our “tourguide”, Lt. Cmdr. Jessica Hudson was able to badge her way, with us in tow, to the front of the line. A nice perk for Jessica as she works as a Social Aide in the White House and President Obama is the second president she has served under.

The first thing you see after passing through security (no cameras, no strollers, no bags and no umbrellas!) is a hallway with photographs of the current first family. These were candid photos, some we’ve seen in the news and some we haven’t. I especially liked the photo of Barack and Michelle in an elevator, with a bunch of Secret Service Agents and Michelle wearing Barack’s tuxedo jacket. A picture you might see in anyone’s photo album after a black tie affair or a wedding. I loved it – the photographer sees them as “normal” and so does the viewer.

The rest of the tour basically covered the first floor of the Central Wing of the White House. The security guards turned us away from the West Wing (although we didn’t try too hard) and, for some reason, Secret Service Agents would not let us up the stairs to see the Lincoln Bedroom. So we got to see the Diplomats’ Room, the China Room, the State Dining Room, the Red Room, the Green Room (not the same as Letterman’s Green Room) and all of the historic portraits and knick knacks.

The private tour that I thought would last all morning lasted about 35 minutes. But we did get some interesting tidbits. We saw the portrait of George Washington that Dolly Madison saved when the White House burned down. We learned that Truman (or maybe it was Eisenhower) had the golden eagle on the United States seal changed so that it was looking over the olive branch and not the arrows so that the world would know that the United States was entering a new era of peace. We also learned that the hall where the White House "party-crashers" photo was taken is a lot smaller than it appears on T.V.

While the tour was short and not what I expected, I wouldn’t change a thing. I was able to show my children where the President of the United States works and plays and we were able to see an integral piece of American history that is constantly changing and evolving. When you see the White House and know that it is a "working" house and what it stands for, it really does make you proud to be an American.

Adopt a Pet this Holiday Season

2009-11-30T09:26:00.003-05:00

By Carol Dillon

As I watched my dogs pace around my mother-in-law's kitchen the day after Thanksgiving, hoping someone would drop a turkey scrap or that someone would give in and give them some potatoes, I felt very blessed to have my two dogs. They are the only two people in the world who are happy every single time I walk into a room. If I've had a horrible day and I am feeling low or sad, seeing my dogs always makes me feel better. They love unconditionally and don't ask for anything but food, water, exercise, and attention.

Sometimes when my clothes are covered in dog hair after sitting on my couch, or when I find a dog hair in the dinner I just cooked, I think what my house would be like if I didn't have dogs in it. My house would certainly be cleaner; it would probably smell nicer; and I wouldn't have to worry that when company comes over, they are going to be mad that there is dog hair on their clothes, no matter how much I already vacuumed the couch. I'd also save money not buying dog food, treats, endless squeaky toys, and expensive yearly trips to the vet. But I'd be missing so much more without them. I'd miss Gertie's face in the window when I pull into the driveway and the way she wiggles up to me when I walk in the door. I'd miss the way Fletcher doesn't get up off the couch when I walk through the door, but rolls onto his back and wags his tail until I come pet his belly.

Find it in your heart to adopt a pet from your local animal shelter this holiday season. The animal shelter is full of loving, funny animals who just want a home and a little attention. They may not be designer, well-trained, pure bread dogs, but I guarantee they'll always be happy to see you. In the alternative, go through your linen closet and instead of throwing away old sheets, blankets, and towels, donate them to the animal shelter and help keep animals cleaner and warmer this holiday while they wait to be adopted.

Thanksgiving Thoughts - Gobble Gobble Gobble

2009-11-20T12:33:00.002-05:00

By Jeb Crandall
Attorney

In today’s fast-paced and always connected World, we seldom have time to sit back and reflect upon the things in life that we enjoy and are truly thankful for. With the holidays and Thanksgiving rapidly approaching, I decided to prepare a “Top 5” list of things I am thankful for along with a “Top 5” list of reasons why I love Thanksgiving. Feel free to post what you are thankful for or your favorite thing about the holidays!

Top 5 Things I Am Thankful For:

5. Enjoying my job and the people I work with
4. The Colts having Peyton Manning as their quarterback
3. My dogs
2. Those serving and defending our country
1. My family and friends

Top 5 Reasons I Love Thanksgiving:

5. Parades
4. Football
3. An afternoon nap after eating too much
2. It's now socially acceptable to decorate your house like Clark Griswold
1. Left over turkey sandwiches

What we learn from Peyton Manning

2009-11-18T09:13:00.004-05:00

By Jim Bleeke

Here in Indianapolis, we are very proud of our Colts and our quarterback, Peyton Manning, who may be the best quarterback in the history of the NFL. Sunday night’s (11/15/09) comeback win over the New England Patriots was just another in a long line of miraculous comebacks engineered by Peyton Manning and a supporting cast of players who simply do not give up.

At Sweetin Bleeke Attorneys, we also recognize that some of the most difficult cases with the most challenging facts require extra effort and a more creative approach than cases that appear defensible from the outset. We pride ourselves on “not giving up” when we encounter tough facts on liability or damages that elicit a great deal of sympathy for opposing parties. Instead, we try to take our game to the next level, looking for the weak points in our opponents’ cases and finding the strongest point in our defense so we can focus the case on what we truly believe. We welcome the challenges that come with the tough cases, and we value our clients who trust us to “carry the ball” for them when the going gets tough.

The Mediation Process Should Begin As Soon As Defense Counsel Becomes Aware of the Dispute

2009-11-12T16:28:00.002-05:00

By Jim Bleeke
Shareholder
BleekeDillonCrandall

The vast majority of legal disputes are resolved through settlements, not trial. Recognition of that fact prompted courts around the country to begin requiring pre-trial mediation in nearly all lawsuits before a case is allowed to go on to trial. Mediation is defined in Merriam-Webster Dictionary as “intervention between conflicting parties to promote reconciliation, settlement, or compromise.” In the world of litigation, mediation can refer to the one-day or half-day meeting with an impartial facilitator in an attempt to resolve litigation that has been ongoing for some time and avert the necessity of trial. However, because mediation necessarily involves communication between adversaries in the litigation process, it is important to realize that mediation is a process or a journey that begins as soon as the dispute is known. It is short-sighted to forget that the person on the other end of the telephone or who is opening their letters and pleadings early on in the case that ultimately will be the person who will assist with deciding whether the case is resolved short of trial. Ill-advised comments early in a case may create animosity that ruins the prospects of a successful mediation before the parties ever set foot in the office of the impartial facilitator charged with trying to help the parties reach an agreement.

At SweetinBleeke Attorneys, we realize that our adversaries in litigation may ultimately be the same people who we are asking to “be reasonable” in resolving a case at a value that our clients consider appropriate. Therefore, whenever possible, we do our best not to alienate the attorneys (and even opposing clients) as we develop our defenses. We believe that cases can be firmly and aggressively defended without name-calling or condescending remarks that our adversaries will likely remember when it comes time to try to settle a case.

Consequently, our first step in most cases is to contact opposing counsel and simply listen to their perspective to see whether there are any issues on which we agree, or to determine in some cases whether another defendant may be a more appropriate target for the litigation. We see no reason to delay that communication until after expensive written and oral discovery or battles regarding technical legal issues. While we certainly are willing to go to the mat on legal and factual issues when that is necessary, we have found that it is much less expensive and much more effective to engage in a reasoned discussion with our adversary at the earliest possible stage of a dispute. By doing so, we often persuade our opponents to dismiss our clients or to resolve matters for very reasonable settlements with the minimum of legal expense. We believe our clients appreciate that sensible approach and that it will serve both our law firm and our clients very well in the long run.

In those cases that actually do reach formal mediation, we continue our approach of attempting to truly listen to our adversary and to seek agreement wherever it exists. In our experience, once our adversaries feel heard on at least those points where there is agreement, or even where we respectfully disagree, our chances of achieving a settlement at mediation greatly increase. For a more detailed discussion of our approach at formal mediations, please refer to our article entitled, “Mediation—What Plaintiffs Really Want,” which will be published in the December 2009 issue of the Defense Research Institute’s For the Defense magazine.

We welcome your comments or suggestions based upon the issues raised in this blog or discussed in that article.

And The Winner Is...

2008-10-17T10:47:00.002-04:00

The grand prixe winner of our Canon digital camera package is... Lisa Napier! Congratulations! We will be contacting you to arrange getting your brand new camera in your hands. Thank you to everyone for participating and we hope that you enjoyed yourself.

We Partied Till The Lights Went Out

2008-10-17T10:20:00.004-04:00

Thank you to all of you who came to our Open House last night to celebrate with us! Between the food, drinks and great company we were here all night and loving every moment of it!

Mingling...

2008-10-16T16:56:00.004-04:00

A great party music mix courtesy of Jeb is flowing through the interoffice speaker system. The drinks are flowing and people are mingling.

The Ribbon Cutting.

2008-10-16T16:41:00.003-04:00

We kicked off our open house with this ribbon cutting courtesy of the Indianapolis Chamber of Commerce.

Our New Digs!

2008-10-16T16:15:00.003-04:00

We thought you might like to see some shots of our newly decorated offices before all the bodies are in the way. It's starting to get crazy!!!

It's sweet!

2008-10-16T13:38:00.002-04:00

Remember that grand prize we alluded to in our e-vite. Well it's a Canon PowerShot SX110 IS 9 Megapixel camera with 10x Optical Zoom/4x Digital Zoom, a 3.0-inch LCD screen, Optical Image Stabilizer Technology complete with a 4GB memory card and carrying case. If you're one of our out-of-town invitees, don't forget to submit your ticket information by 4pm EST, October 16th. Whether you're here in person or a blog attendee, your odds of winning are high!