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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. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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