Defense Trial Counsel of Indiana

DTCI: Attorney-expert communications

June 18, 2014
From DTCI
When you assist and prepare an expert witness and ask him to formulate his opinion, you may wonder whether your oral and written communications with the expert will be discoverable. Being required to disclose such communications in discovery depends on whether your case is in federal or state court since the federal and Indiana rules currently differ as to what is protected.
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DTCI: Author! Author!

June 18, 2014
From DTCI
Volume XI of the DTCI Indiana Civil Litigation Review is now in the planning stages. The board of editors is seeking ideas and authors for articles for Volume XI, deadline September 2014.
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DTCI: Young attorneys should rely on their own devices at work

June 4, 2014
Kevin Tyra

To the extent practicable, young attorneys should rely on their own devices to determine what needs to be done, and how to do it, rather than expect the more senior attorney to spell it out for them.

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DTCI: Public works statute tested

May 21, 2014
From DTCI
Publicly funded construction projects in Indiana have long been governed by statutes that set forth the procedures by which certain public entities must select the contractors performing the work.
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DTCI Women in the Law launch and lunch

May 21, 2014
From DTCI
On April 17, 2014, more than 60 female defense attorneys attended the kick-off luncheon for DTCI’s newest committee: Women in the Law.
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DTCI: Invest in yourself to build practice and reputation

May 7, 2014
From DTCI
We have all noticed that there are a lot of lawyers. On top of that, there are a lot of lawyers with less work than they would like. Lawyering is a business and is controlled by traditional rules of commerce: supply, demand, pricing, quality, branding. Lawyers are the product. They are the brand.
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DTCI: Mediation for defense lawyers

April 23, 2014
From DTCI
Patrick Reilly writes to help defense lawyers develop strategies to achieving the best possible results in selecting, conducting and winning mediations.
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DTCI: Kick off your heels with the new Women in the Law Division

April 9, 2014
From DTCI
While there is no right or wrong answer, mentoring and networking can go a long way in helping women feel like they are not alone in their personal and professional lives. DTCI wants to make this even easier by expanding the available network of strong and successful women lawyers. DTCI has created the Women in the Law Division.
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DTCI: You get what you pay for

March 26, 2014
From DTCI
Why unnamed insureds have no right to bring bad-faith claims.
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DTCI: Women In The Law

March 26, 2014
Join us April 17 for lunch at Osteria Pronto at the JW Marriott at 11 a.m. for the launch of the DTCI Women in the Law Section.
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DTCI: What happened to practicing ‘civil’ litigation?

March 12, 2014
From DTCI
It is unusual to open a lawyers’ magazine without seeing an article about civility. What happened to “civil” litigation? It must be like the weather – a lot of people are writing about it, but no one seems to be doing anything about it.
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DTCI: The aftermath of the Supreme Court’s ruling on DOMA

February 26, 2014
From DTCI
In June 2013, the United States Supreme Court ruled that the federal Defense of Marriage Act, which defines marriage as a union between one man and one woman, is unconstitutional. In essence, the court held that the Act denied same-sex couples the “equal liberty” guaranteed by the Fifth Amendment. This decision has far broader impact than just the scope of the estate-tax issues raised in the case, and employers and benefit providers should be aware of the impact and aftermath of this ruling.
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DTCI: Indiana Civil Litigation Review

February 26, 2014
From DTCI
The DTCI’s flagship publication, the Indiana Civil Litigation Review, will be distributed soon. Members and subscribers can anticipate another issue full of valuable information and analyses by leaders of Indiana’s defense bar.
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DTCI: February Kudos

February 26, 2014
From DTCI
News from DTCI members.
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DTCI: 'Caring for' family under FMLA

February 12, 2014

What happens when a family member is diagnosed with a terminal illness and begins the somber review of their bucket list, noticing that a trip to Las Vegas is still unchecked? Would taking time to accompany and care for that family member be included in the definition of caring for under the FMLA?

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DTCI: Discovery of the facts behind settlement documentaries

January 29, 2014
From DTCI
With increasing frequency, plaintiffs’ attorneys are using settlement “documentary” videos before and during mediation in catastrophic cases. Utilizing the format of a tabloid television news program, these “documentaries” address problematic liability and damages issues in a light that is often unreasonably favorable to the injured party.
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DTCI: Did you miss this? Kudos, News & Blogs

January 29, 2014
From DTCI
News from around DTCI.
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DTCI: Johnson at regional DRI meeting

January 29, 2014
From DTCI
Jim Johnson, president of DTCI, attended the 2014 DRI North Central Regional Meeting held in Fort Myers earlier this month.
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DTCI: Meet your 2014 Board of Directors

January 1, 2014
From DTCI
At the November annual meeting of the Defense Trial Counsel of Indiana, the following officers and directors were elected. They assumed office Jan. 1, 2014.
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Southern Indiana commercial litigator to assume top spot in DTCI

December 18, 2013
Marilyn Odendahl
Evansville attorney Jim Johnson always wanted to be a lawyer, but he did not always want to be a leader.
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2013 DTCI amicus report

December 18, 2013
From DTCI
In 2013, the Defense Trial Counsel of Indiana’s Amicus Committee participated in a number of interesting appeals.
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DTCI sponsors American Cancer Society Discovery Ball

December 18, 2013
IL Staff
The Defense Trial Counsel of Indiana was a proud sponsor of the American Cancer Society Discovery Ball Nov. 15 through its Joan Fullam Irick Memorial Fund.
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DTCI celebrates its 20th annual conference at Blue Chip Casino

December 4, 2013
From DTCI
Defense attorneys gathered from every corner of Indiana to attend the 20th Annual Conference & Meeting at the Blue Chip Casino in Michigan City on Nov. 21-22.
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DTCI: Don’t miss the 2013 annual meeting in Michigan City

November 20, 2013
From DTCI
This year the DTCI Annual Meeting will be held at the Blue Chip Casino in Michigan City. The conference begins at 10 a.m. Thursday, Nov. 21, and continues through 5 p.m. on Friday, Nov. 22. If you have not yet registered to attend, I strongly encourage you to pack your suitcase with casual clothes (and a little extra green for the casino) and head north to get all the CLE you need for the year at one conference for the reasonable price of $299.
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DTCI: What is the proper jury instruction on the state-of-the-art presumption?

November 6, 2013
From DTCI
This is a bait-and-switch article. It applies to instructing the jury on the continuing effect of rebuttable presumptions in all civil cases. It just so happens that one of the best examples is the presumption of no liability under Indiana’s Product Liability Act. That presumption is broader than just the state-of-the-art defense.
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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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