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DTCI: Did you miss this? Kudos, News & Blogs

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Kudos to Jason Kennedy, DTCI member at Segal McCambridge Singer & Mahoney in Chicago, who received a defense verdict in Stanley v. Ameren Illinois Co., an asbestos exposure case. The court found the defendants owed no duty to warn a subcontractor’s employee, granted summary judgment, and dismissed all four defendants named.

Kori L. McOmber, member of the DTCI board of directors and former partner in Schultz & Pogue in Indianapolis, has recently joined Indiana University Health Risk Retention Group where she assists in managing professional negligence and general negligence cases at various Indiana University Health institutions throughout the state.

Libby Valos Moss, member of the DTCI board of directors and partner at Kightlinger & Gray, is chairing a Feb. 13 webcast for DRI on “Medicare Lien Recovery Extending Now to Medicare Advantage Plans – Are You at Risk?”

Rick Shoultz and Lewis Wooton, DTCI members, report in the Lewis Wagner newsletter that in Deeter v. Indiana Farmers Mutual Insurance Co., the court confirmed that a standard, intentional act exclusion that excludes coverage for intentional acts of “any insured” will withstand the claims of an innocent co-insured.

Will Kelley, DTCI member at Drewry Simmons Vornehm, reports that, in SAMS Hotel Group, LLC v. Environs, Inc., the U.S. Court of Appeals for the 7th Circuit recently upheld enforcement of a contractual limitation of liability clause, which resulted in the design professional’s liability being capped at $70,000 despite the owner’s claim that its damages were more than $4.2 million.•

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  1. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

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