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DTCI: Awards Nominations Invited

August 24, 2016
The Defense Trial Counsel’s Annual Meeting will be held Nov. 17-18 in Fort Wayne. One of the highlights of the meeting is the presentation of the “Defense Lawyer of the Year,” the “Diplomat of the Indiana Defense Trial Counsel,” and the “Outstanding Young Lawyer” awards.
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DTCI: Young Lawyer Mixers—a Hit!

August 24, 2016
DTCI Young Lawyer regional mixers were enthusiastically received in Merrillville and Evansville in July.
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DTCI: Recovery of workers’ comp liens in third-party actions

July 13, 2016
An overview of the statutory rights of an employer/carrier to recover on such liens is often a good refresher since many attorneys tend to overlook this important aspect when seeking to settle their liability cases.
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DTCI: Women in the Law Division hosts events

June 29, 2016
Attorneys and sponsors joined with about 25 other attorneys at McCormick & Schmick’s in Indianapolis for a networking mixer on June 8.
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DTCI: Consequences of silence

June 29, 2016
What civil litigators should know before a client “takes the Fifth.”
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DTCI: Termination for convenience, remedies and good faith

June 1, 2016
Because termination for convenience is such a significant event, it is important for owners and contractors to fully understand the significance and effect of the termination for convenience clause, before execution of the contract.
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DTCI: A protracted push and pull

May 4, 2016
The Indiana Supreme Court’s history with asbestos litigation and its statute of repose.
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Author! Author!

April 6, 2016
The board of editors invites ideas for topics and authors for articles for Volume XIII of the DTCI Indiana Civil Litigation Review.
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Reducing discovery costs in employment cases

April 6, 2016
While we can hope that the new federal policy restricting discovery will succeed, the last 80 years provide few reasons for optimism.
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DTCI: Senate obstruction on appointments harms entire judiciary

March 23, 2016
Since the Republicans took control of the Senate after the 2014 elections, the Obama administration has made only one judicial appointment as Republican senators have refused to sign off ahead of time on nominees for judgeships in their states. This is in stark contrast to President Obama’s predecessors since Ronald Reagan who also faced a Senate controlled by the opposing party, yet appointed between 10-18 appellate judges in their last two years in office.
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  1. 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.

  2. 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?

  3. 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

  4. 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.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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