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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. Diocese of Fort Wayne-South Bend in December, but U.S. District Judge Robert Miller later reduced that to about $540,000 to put the damages for suffering under the statutory cap of $300,000.

  2. I was trying to remember, how did marriage get gay in Kentucky, did the people vote for it? Ah no, of course not. It was imposed by judicial fiat. The voted-for official actually represents the will of the majority in the face of an unelected federal judiciary. But democracy only is just a slogan for the powerful, they trot it out when they want and call it bigotry etc when they don't.

  3. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  4. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  5. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

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