Defense Trial Counsel of Indiana

DTCI: Medical Negligence vs. Premises Liability

November 24, 2010
From DTCI
When a patient is harmed during a medical procedure, a patient may elect to file a medical negligence claim against his physician and the health care facility in which the procedure occurred. However, when a patient is harmed during a hospitalization, should the claim still be pursued as one of medical negligence or is it more appropriately a premises liability claim?
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DTCI: Indiana's New Pattern Jury Instructions in Products Liability Cases

November 10, 2010
From DTCI
There has been great debate in the Indiana legal community about the recent changes to Indiana’s Model Jury Instructions that were revised to be written in plain English.
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DTCI: Be a good lawyer, but also be a good mentor

November 10, 2010
From DTCI
Libby Valos Moss lists what she has learned over the years in striving to be a good mentor.
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DTCI: Take time to smell flowers along the way

October 27, 2010
Jeffrey Crabill
When the name Rabb Emison comes to my mind, I immediately think of the word “great.”
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DTCI: Insurance policies' notice provision

October 13, 2010
From DTCI
A number of recent Indiana cases have addressed the provision found in nearly all insurance policies that requires an insured to provide its insurer with prompt notice of a claim.
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DTCI Kudos

October 13, 2010
From DTCI
Lloyd H. Milliken, Jr., (past president) and Randall R. Riggs, partners in Frost Brown Todd, who were recognized in the September/October 2010 Super Lawyers® Corporate Counsel Edition.

John C. Trimble (past president), partner in Lewis Wagner, who has been appointed chair of the Public Policy Committee of DRI.

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DTCI: Existing duty is prerequisite of negligence

September 29, 2010
From DTCI
To prevail on a claim of negligence, a plaintiff must show that a duty exists, that the duty was breached, and that damages resulted from that breach. It goes without saying that there can be no negligence or liability where there is no duty.
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DTCI: Amendment to the Child Wrongful Death Act

September 15, 2010
From DTCI
Andrew Palmison discusses the possible impact the amendment to the Child WDA will have on the defense of stillbirth claims.
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DTCI: Find your technological balance

August 18, 2010
Bryce Bennett
Bryce Bennett Jr. feels compelled to reminisce and record some of the law office history and evolution that he has witnessed during his career and to note the blinding speed with which technology has overtaken our professional lives.
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DTCI: Attention & Kudos

August 18, 2010
From DTCI
DTCI is seeking ideas and authors for articles for Volume 7, No. 2 of the Indiana Civil Litigation Review.
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Why join DTCI

August 18, 2010
From DTCI
Call the DTCI offices and let the DTCI help you become a more effective defense attorney!
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DTCI: Anchors away! Navigate to the DRI annual meeting

August 4, 2010
Thomas Schultz
Have you ever considered what it would be like to stand aboard an aircraft carrier? Have you ever wanted to meet and learn from a Navy Seal who survived on his own behind enemy lines in Afghanistan?
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DTCI: Worker's comp liens in third-party suits

July 21, 2010
From DTCI
On May 27, 2010, the Indiana Supreme Court issued a decision that has affected the manner in which worker’s compensation liens are handled in third-party litigation.
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DTCI: Awards nominations invited

July 21, 2010
From DTCI
The DTCI’s Awards Committee is now receiving nominations for the 2010 awards.
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DTCI: Kudos

July 21, 2010
From DTCI
Patricia Polis McCrory was chosen the president-elect to the Kiwanis Club of Indianapolis.
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DTCI: Results from June golf tourney

July 21, 2010
From DTCI
Congratulations to the top two teams from the DTCI-Phenix Investigations annual golf outing.
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DTCI: Practicing law can be gratifying, even in summertime

July 7, 2010
Misha Rabinowitch
Recently, in a moment of self-reflection, I found myself thinking about what I find gratifying about practicing law.
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DTCI: What I really meant to say. . .

June 23, 2010
Audra Ferguson-Allen
The Seventh Circuit and the Indiana district courts have disallowed the “take home exam” theory of errata sheets, which can be particularly troublesome at the summary judgment stage.
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DTCI: Indiana Civil Litigation Review

June 23, 2010
From DTCI
The next issue of the Indiana Civil Litigation Review will be on members’ desks in a few weeks.
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Articles about pending cases raise concernsRestricted Content

June 9, 2010
Michael Hoskins
At least two attorneys are questioning how some legal publications have included articles, columns, or other types of coverage on pending cases, and they worry that these articles may influence the judges on the cases.
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DTCI: The broad scope of MDA preemption

June 9, 2010
John Twohy
In a series of decisions culminating in Riegel v. Medtronic, Inc.,  federal courts came to recognize that the Medial Device Amendments preempted not only traditional products liability claims such as those based on an alleged defect or implied warranty but also causes of action premised on theories such as consumer fraud.
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DTCI: Effective risk transfer in a contract

May 26, 2010
Lewis Wooton
For nearly every major construction project, a construction contract is entered into before construction begins. In almost all of those contracts, provisions are made for the transfer of risk.
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DTCI: Decisons encourage comparative fault arguments

May 12, 2010
Kevin Tyra
As Jerry Padgett and I discussed in our commentary, “Causation as a case-dispositive issue” (Indiana Lawyer, Oct. 14, 2009), the Indiana Court of Appeals has held in favor of summary judgment for defendants in instances in which the plaintiff’s negligence clearly intervened whatever fault may have been assigned to the defendant.
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DTCI: Testifying physicians must provide written reports for opinions

April 28, 2010
Matthew King
Why must a defendant wait until the deposition of a plaintiff's treating physician to discover the doctor's opinions on injury causation, the plaintiff's prognosis, or the permanency of the plaintiff's injury?
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DTCI: Potential Issues for Excess Insurers in Long Term Environmental Contamination Cases

March 31, 2010
James Boyers, Matthew Trainor
Declaratory judgment actions in which policyholders seek insurance coverage for historical environmental contamination under comprehensive general liability policies, umbrella insurance policies, and/or excess insurance policies present complex legal, factual, and scientific issues to defense practitioners. Often, the alleged contamination at issue took place over decades. These cases usually involve layers of policies offering potential coverage and significant uncertainty regarding the potential scope of remediation costs.
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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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