Defense Trial Counsel of Indiana

Why Join DTCI?

February 29, 2012
From DTCI
DTCI gives readers nine reasons to join the organization.
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DTCI: North Central Region Trial Academy

February 29, 2012
From DTCI
The Trial Academy is the only trial technique seminar in Illinois, Indiana and Wisconsin specifically designed for the defense lawyer.
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DeGroote: The new social network - return to the bar

February 15, 2012
With more demands on my time, I find myself less involved in the state, local, and firm activities and social events. Apparently, I am not alone.
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DTCI: Legal pitfalls and evidence considerations in health care provider apologies

February 1, 2012
From DTCI
Health care provider apologies in the face of adverse patient outcomes can have profound effects in the defense of subsequent patient litigation.
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DTCI: Indiana Civil Litigation Review

February 1, 2012
From DTCI
The DTCI’s flagship publication, the Indiana Civil Litigation Review, will be distributed soon.
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DTCI: Meet your 2012 Board of Directors

January 4, 2012
From DTCI
Read about the 2012 Defense Trial Counsel of Indiana board of directors.
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18th Annual DTCI Conference & Meeting

December 21, 2011
The DTCI held its annual conference Nov. 17-18 at French Lick Resort. View photos from the event.
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Incoming DTCI president sets priorities for new year

December 7, 2011
Jenny Montgomery
Civility and clarifying priorities are among Lonnie D. Johnson's key initiatives for 2012.
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Standing up for the judiciary

December 7, 2011
Michael Hoskins
The Defense Trial Counsel of Indiana plans to address attacks on courts and judges.
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2011 update of DTCI amicus cases

December 7, 2011
James Johnson
Cases include wrongful death attorney fees and spoliation.
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DTCI: A lesson not learned in law school

November 23, 2011
From DTCI
DTCI attorney Gregory Freyberger provides insights on differing litigation strategies.
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DTCI: Alternative designs

November 9, 2011
From DTCI
Blaire Henley offers keys to evaluating expert testimony.
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DTCI nominations for board of directors

November 9, 2011
From DTCI
Read who will lead the DTCI for 2012.
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DTCI: Recovery of workers' comp in third-party action

October 26, 2011
From DTCI
An overview of the statutory rights of an employer/carrier to recover on such liens is often a good refresher as many attorneys tend to overlook this important aspect when seeking to settle their liability case.
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DTCI: Dreaded v. St. Paul revisited

October 12, 2011
Does an insurer owe coverage, defense and indemnity for costs incurred by the policyholder before notice to the insurer?
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DTCI award recipients named

October 12, 2011
During its 2011 Annual Meeting Nov. 17-18 in French Lick, the DTCI will recognize the outstanding defense lawyers of 2011.
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DTCI Kudos

October 12, 2011
Congratulations to DTCI member Susan E. Cline of Lewis Wagner in Indianapolis upon her being named the Indianapolis Best Lawyers Medical Malpractice Law – Defendants Lawyer of the Year.
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Baeverstad: Does M.D. allow expert to rely on junk science?

September 28, 2011
A patient comes to the hospital and receives twice the amount of thrombolytics ordered by the cardiologist. The thrombolytics have a risk of causing hemorrhagic stroke. Two days later, the patient strokes and dies. The treating cardiologist is of the opinion that the stroke was caused by the excessive dose given to the patient. Does this seem like a “no brainer” on causation?
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DTCI: Admissibility of subsequent product modifications

September 14, 2011
From DTCI
Andrew Palmison writes about Indiana's treatment in a strict liability action.
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Nov. 17-18 DTCI conference speakers

September 14, 2011
From DTCI
Indiana Supreme Court Justice Steven David is the featured speaker at the luncheon Nov. 18.
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DTCI: Photo of car admissible to show lack of injury

August 31, 2011
From DTCI
On Aug. 10, 2011, the Indiana Court of Appeals issued an opinion that addressed for the first time the issue of whether a photograph of vehicle damage is relevant and admissible to assist a jury in determining the extent of bodily injury in a trial arising from a motor vehicle accident.
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DTCI: Defensive litigation and essential steps to corporate protection

August 17, 2011
When asked about the areas of law in which I practice, I say, among others, business law and litigation. Inevitably I am greeted with a curious look and a cocked head similar to a dog that has just heard a strange noise.
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Editorial: DRI annual meeting features blockbuster speakers

August 3, 2011
Thomas Schultz
DRI’s 16th Annual Meeting will be held in Washington, D.C., on Oct. 26 to 30 at the Marriott Wardman Park. DRI’s commitment to provide blockbuster speakers will reach an all-time high at this annual meeting.
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DTCI awards nominations invited

July 20, 2011
From DTCI
The Defense Trial Counsel’s Annual Meeting will be held Nov. 17-18 at French Lick Resort. 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: Top 10 issues employers should know about social networking

July 20, 2011
From DTCI
It is likely that most of you reading this article use some form of social media, whether it be for business or personal use.
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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