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Bar Talk November: Legal News You Need to Know - IndyBar News

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Posted on: Dec 7, 2020

The latest legal scoop to keep you in the loop: Here are the top five stories from the IndyBar this month.

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"Storm Water" or "Stormwater?" The Musings of an Isolated Mind
By Don Snemis, Ice Miller LLP
Like most attorneys, I am spending a lot of time isolated these days. Perhaps that is why, while writing a memo recently, I realized that I have never been very consistent in the use of “storm water” versus “stormwater.” I have used both freely, but perhaps, I mused, one is right and the other is wrong. So, I decided to determine which word/term is correct, once and for all.
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The Coming Collapse of Long-Term Care Health Insurance
By Rebecca Geyer, Rebecca W. Geyer & Associates PC
Routine estimates predict that about 50 percent of older adults will require long-term care at some stage of their lives. If you are an adult 65 or more, the percentage moves up to 70 percent. However, the demand for long-term care far outnumbers an affordable or even existing supply. For years the private sector long-term care insurers have been fleeing the marketplace. Americans who currently carry long-term care insurance are a small fraction, about seven percent, adults over 50 years of age. There is a private sector inability to meet Americans' overwhelming long-term care needs at an affordable price.
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The Duty to Report Child Abuse or Neglect
By Michael Smith, Hand Ponist Smith & Rayl LLC
Legal obligations to report child abuse or neglect to authorities vary from state to state. Some states impose an obligation only on categories of “mandatory reporters,” typically teachers, pastors, counselors, health care providers, or others that may be more likely than most people to encounter child abuse and neglect, with others being “discretionary reporters.” 
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Avoiding and Dealing with Pessimism in Mediation
By John Trimble, Lewis Wagner LLP
All of us who attend or conduct mediation on a regular basis soon come to realize that pessimism is one aspect of mediation that occurs in every mediation session. We learn that if we let pessimism cause us to quit, we would never settle anything. However, pessimism on the part of the parties and their counsel (coupled with impatience) can prevent a very settleable case from being settled. 
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Professional and Technical Civility in Electronic Discovery: Five Tips on How to Avoid a “Discovery War”
By Jason Mizzell, Kroger Gardis & Regas
Electronic discovery – like discovery generally – can bring out the best and the worst in lawyers. A process that is supposed to be about each side peacefully and politely exchanging documents and information so that their dispute can be fairly litigated is rarely genial. Combine the normal levels of discovery angst with the added technical stress of handling large volumes of emails, spreadsheets and PDFs, and it’s enough to turn any discovery dispute into a full-blown “discovery war.”
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