DTCI

DTCI: Kudos

October 21, 2015
From DTCI
Congratulations to Gary J. Clendening, 1986 president of DTCI, who retired from the active practice of law on Oct. 1.
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Around DTCI

October 21, 2015
From DTCI
The northern Indiana young lawyers got to know each other better at a happy hour in Merrillville on Sept. 17 organized by the DTCI Young Lawyers Committee.
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DTCI: Indiana adopts the majority view on contractual liability exclusions

October 21, 2015
From DTCI
This article examines the basis for the Kopetsky court’s holding regarding contractual liabilities, identifies what the holding means and does not mean for insurance carriers, and discusses what insurers can do to effect a broader exclusion.
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DTCI: Second chair is not second fiddle

October 7, 2015
From DTCI
I had the privilege of being the second chair at my first jury trial in March of this year. As I begin preparations for my next trial as second chair, I have been reflecting on what I learned the first go-round. I share my thoughts here with the hope that they will help other young attorneys – or even a seasoned attorney when he or she mentors young attorneys.
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Court provides guidance to worker’s comp practice

September 23, 2015
Ann Stewart
These decisions reveal the board’s position on issues before it and provide practice refreshers and guidance to attorneys who practice before the Worker’s Compensation Board of Indiana.
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DTCI: Insurance Section Roundtable

September 23, 2015
From DTCI
Join the DTCI Insurance Section for a roundtable discussion with Judge Mark Smith of Hendricks County Superior Court and Judge Matthew Kincaid of Boone Superior Court at Tow Yard Brewing Company in Indianapolis at 3 p.m. on Sept. 24.
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DTCI: Paralegal Service Project

September 23, 2015
From DTCI
The DTCI Paralegal Section is organizing support for a 10-member special operations detachment military troop currently stationed overseas. The troop’s biggest wish is for gift cards to pay for Internet service, which they must buy themselves.
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DTCI: Public access to police body-cam footage

August 26, 2015
Margaret Christensen, Jessica Whelan
In the wake of several highly publicized police encounters with the public leading to the death of the individuals involved, the debate over public access to police body-camera video is heating up.
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DTCI: Kudos

August 26, 2015
From DTCI
Steven S. Hoar has been elected president of the Evansville Bar Association and Jeffrey Ahlers has been named to "The Best Lawyers in America (2016)"
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DTCI: Use of multidistrict litigation continues to rise

August 12, 2015
Christopher Lee
The Judicial Panel on Multidistrict Litigation is charged with creating new MDLs by consolidating related cases pending in federal courts, transferring new cases to existing MDLs, and remanding old cases to their transferor courts once the transferee courts have completed their work.
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DTCI: Court interprets waiver of subrogation clause

July 29, 2015
William Kelley
A waiver of subrogation clause is a typical — but often overlooked — contract provision in design and construction contracts, especially for parties using standard form contracts, such as the American Institute of Architects (AIA) forms.
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DTCI: Awards nominations invited

July 29, 2015
From DTCI
The Defense Trial Counsel’s Annual Meeting will be held November 19 - 20 at IU Memorial Union.
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DTCI: Kudos

July 29, 2015
From DTCI
The Employment Law trial team at Lewis Wagner, led by partner Stephanie Cassman, secured a defense verdict last week in a federal race discrimination jury trial.
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DTCI: Sign up now for 22nd annual conference and meeting

July 29, 2015
From DTCI
Join us on November 19 & 20 at the IU Memorial Hall for a jam-packed schedule.
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DTCI: Legal questions abound for hands-free driving

July 15, 2015
Matthew Trainor
Although fully autonomous cars will take years to reach the general public, several car manufacturers already sell or have plans within the next year to begin selling cars with hands-free driving features.
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DTCI: Limiting the use of ‘subject to and without waiving’ objections

July 1, 2015
From DTCI
“Subject to and without waiving these objections” is a common phrase that I am sure most of us have used and encountered in discovery responses. Courts, however, are rejecting the phrase and holding that the responding party has waived any objections that may have been asserted. The reasoning makes sense and should encourage most of us to limit our use of the phrase whether we practice in state or federal court.
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DTCI: Impact and questions from EPA draft study on fracking

June 17, 2015
From DTCI
Just shy of 600 pages with a 28-page executive summary to boot, the EPA report concludes that that the agency was unable to find “evidence that ‘mechanisms’ [identified in the report] have led to widespread, systemic impacts on drinking water resources in the United States."
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DTCI: The limits of what’s reasonable

June 3, 2015
From DTCI
This article will analyze the current state of Indiana law and some of the pitfalls that practitioners and employers face when trying to enforce restrictive covenants.
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DTCI: Joint young lawyers cocktail hour

June 3, 2015
From DTCI
On May 14, the young lawyers sections of Defense Trial Counsel of Indiana, the Marion County Bar Association and the Indiana Trial Lawyers Association held a joint networking reception at The Social in Indianapolis.
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DTCI: Defending parallel class actions

May 6, 2015
When tasked with defending parallel class actions in state and federal courts, it will likely be defense counsel’s instinct to concentrate efforts on resolving the nationwide class action.
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DTCI: Rookie Seminar Success

May 6, 2015
From DTCI
Pictures from the recent event held by the Young Lawyers Committee of DTCI.
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DTCI: Counterpoint: Contingency fees require more scrutiny than ever

April 8, 2015
From DTCI
This article is a response to “Contingency fees still help to provide access to courts,” published as a 25th anniversary feature in last month’s Indiana Lawyer.
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DTCI: Stanley v. Walker revisited: Admissibility of discounted Medicare/Medicaid payments as evidence of reasonable value

March 11, 2015
From DTCI
The monumental 2009 Indiana Supreme Court decision in Stanley v. Walker fundamentally changed the way medical expenses are addressed in personal injury litigation. In the years since Stanley, confusion and disagreement have emerged at the intersection of discounted payments and government-paid health benefits.
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DTCI: Best of the blogs

March 11, 2015
From DTCI
Highlights from DTCI member blogs.
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DTCI: Still learning after all these years in practice

February 25, 2015
From DTCI
The practice of law is still exciting and challenging for me, even as I approach my 34th year of practice.
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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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