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DTCI's Indiana Civil Litigation Review

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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. The articles that will appear in this issue include:

Wait, What? A Critical Look at the McCabe Trilogy regarding Attorneys’ Fees in Wrongful Death Litigation, by Matthew D. Bruno (Kightlinger & Gray)

Can I Fire Him? by Kristen M. Carroll and Aubrey K. Noltemeyer (Kightlinger & Gray)

The Effect of Social Media on Manufacturers, by Vanessa Davis and Josh Fleming (Frost Brown Todd)

Construction Claim Remedies: Who Are the Classes of Covered Claimants? by Christopher S. Drewry (Drewry Simmons Vornehm)

Searching for Road Signs on Indiana’s “Scope of Employment” Highway, by Neal F. Eggeson Jr. (Eggeson Appellate Services)

Admissibility of Scientific Expert Testimony Twenty Years after Daubert, by R. Daniel Faust (Mallor Grodner)

Case Law Interpreting the “Material Misrepresentation” Provision in Homeowner’s Insurance Policies, by Catherine Haines (Cantrell Strenski & Mehringer)

Competing Duties: The Evolution of Premises Liability Claims in Indiana, by Keith Hays and Elizabeth Trachtman (Hill Fulwider)

Developments and Pitfalls in the Occurrence-Based Statute of Limitations Applicable to Medical Malpractice Claims, by Michele Henderson and Michael Gallo (Stewart & Irwin)

The New Age of the ADA: Understanding and Preparing for the Next Wave of Disability Litigation, by Laurie Kemp (Kightlinger & Gray)

Dealings with Expert Witnesses: a Comparison of the Federal and Indiana Rules Regarding Expert Witness Discovery and Testimony, by Patricia Polis McCrory and Rachel Moore Schafer (Frost Brown Todd)

Effectively Using Workers’ Compensation Liens in Third-Party Litigation, by William A. Ramsey and Catherine M. Hart (Murphy Ice & Koeneman)

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

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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