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DTCI: Indiana Civil Litigation Review

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The next issue of the Indiana Civil Litigation Review will be on members’ desks in a few weeks. Members and subscribers can anticipate another issue full of valuable information and analyses by leaders of Indiana’s defense bar. Some of the articles that will appear in this issue include

The Sufficient Rational Basis Test – A “Grand Unified Theory” of Negligent Infliction of Emotional Distress, Matthew D. Bruno

Worker’s Compensation: Abrogation of Positional Risk Doctrine, Christopher Cross

Outage: Limitations on Use of National Codes and Standards in Actions against Electric Utilities, Thomas J. Jarzyniecki & Nicholas W. Levi

The Frivolous Claim: Will You Know It When You See It?, Belinda Rose Johnson- Hurtado

Clarian Health v. Wagler: Update, Katherine G. Karres

No Warning … So What? – The Indiana Supreme Court’s Ruling in Kovach v. Caligor Midwest and Proximate Cause Given the Read-and-Heed Presumption in Failure-to-Warn Cases, Melanie D. Margolin & Lucy R. Dollens

Rescission of Settlement Agreements and “Unsettling” Failures to Disclose Insurance Coverage, Ted W. Nolting

The Expertise of Medical Experts: Assessing Medical Education and Specialization When Experts Opine Across Specialties, Kevin C. Rasp

Environmental Insurance Coverage Update, Casey R. Stafford

The Indiana Civil Litigation Review welcomes submissions from DTCI members and others on topics of interest to the Indiana defense bar. Please write Molly McClellan, managing editor, if you have a topic you would like the board of editors to consider. MMcClellan@dtci.org.•

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  1. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  2. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

  3. Lots of potential "good boys" right in the heart of our nation .... "Nashville, TN has gained a reputation as a new “Ellis Island,” a magnet for immigrants from around the world. The number of foreign-born residents in the area has grown from 2 percent to almost 12 percent." Some 30 percent of students in Metro schools live in homes in which English is not the primary language. In 2012 Nashville had the fastest-growing immigrant population of any American city. It is the home of the nation’s largest Kurdish population, as well as sizable numbers from other countries such as Somalia, Sudan, Egypt, Eretria and Bhutan. Nashville has traditionally had a sizable and prominent African-American community, which accounts for nearly 16 percent of its population." http://www.tennessean.com/story/opinion/contributors/2015/05/17/nashville-welcoming-immigrants/27479183/ SMILE & CELEBRATE DIVERSITY!

  4. This story linked below about FBI shooting an unarmed Chechen suspect in his apartment six times in the chest and once in the back of the head, is unrelated. IT has NOTHING to do with Tsaernayev. And the agent was cleared of wrongdoing, even though the story says nothing of the other agents there with him at the time. Maybe the unarmed suspect was making a move for a butter knife on the table before they began punching him full of holes. Sad but of course, wholly unrelated....nothing to see here, keep moving http://www.npr.org/sections/thetwo-way/2014/03/21/292441681/reports-fbi-agent-who-killed-chechen-during-boston-bombing-probe-is-cleared

  5. Oh, bsides these troubled youts, maybe a few ex-contractors they had to relocate after Russia crushed the Western instigated insurgency, that's all. Nice boys. But when they go wrong, they need to be silenced. http://www.reuters.com/article/2009/09/24/us-russia-chechnya-cia-idUSTRE58N5S120090924

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