Defense Trial Counsel of Indiana

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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DTCI: Summer associates: Find your 'Bill Wooden' mentor

July 6, 2011
Michael Rabinowitch
DTCI member Misha Rabinowitch reflects on his mentor, Bill Wooden.
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DTCI: A refresher in insurance defense client and company reporting

June 22, 2011
Communication is vital to maintaining ethical obligation, professionalism, and civility in client representation.
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DTCI: 'Justification to file' on medical device review

June 8, 2011
From DTCI, John Twohy
A medical device which “presents a potential unreasonable risk of illness or injury” that cannot be alleviated by alternate means such as proper labeling, prohibitions against adulteration, performance standards, or post-market surveillance falls within Class III under the Medical Device Amendments to the Food, Drug and Cosmetic Act.
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DTCI: The anatomy of jobsite accident claims

May 25, 2011
From DTCI
In the unfortunate event of a construction jobsite accident that results in bodily injury or, in the worst-case scenario, a fatality, the resulting claims and litigation can be extremely complex. Construction jobsite accident claims often play out as follows.
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DTCI: Who needs government? Maybe we do!

May 11, 2011
Kevin Tyra
When I got out of bed this morning, a Tea Party activist on the morning news was decrying government intrusion into our lives and our freedom. He seemed to be saying that our lives would be so much better without government getting in our way and getting in the way of businesses trying to make our lives better through the free market system.
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DTCI: New tool in defending defective products

April 27, 2011
From DTCI
The Indiana Supreme Court recently held that a plaintiff’s fault in initially causing an accident may be considered in a crashworthiness case against the car manufacturer.
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DTCI: Pennell receives ADTA President's Award

April 27, 2011
From DTCI
Stephen R. Pennell, former president of DTCI and partner in the Lafayette firm of Stuart & Branigin, received the President’s Award for Outstanding Service to the ADTA at the Association of Defense Trial Attorneys’ annual meeting in Hawaii.
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DTCI: Technology in the practice

April 13, 2011
From DTCI
Defense Trial Counsel of Indiana's Dave DeMoss discusses the impact of technology and how it has created opportunities for attorneys.
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DTCI: Insurance 'Bad faith setup'

March 30, 2011
From DTCI
Dealing with the practicalities.
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Limitation of liability provision enforceable

March 16, 2011
David Temple
On March 2, 2011, the federal district court in Indianapolis issued a rather innocuous and unassuming opinion in SAMS Hotel Group, LLC v. Environs, Inc. (S.D. Ind. 2011), No. 1:09-CV-00930-TWP-TAB. However, its ramifications may be far-reaching and are surely welcomed by design professionals working on projects in Indiana.
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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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