DTCI

DTCI: 'Caring for' family under FMLA

February 12, 2014

What happens when a family member is diagnosed with a terminal illness and begins the somber review of their bucket list, noticing that a trip to Las Vegas is still unchecked? Would taking time to accompany and care for that family member be included in the definition of caring for under the FMLA?

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DTCI: Discovery of the facts behind settlement documentaries

January 29, 2014
From DTCI
With increasing frequency, plaintiffs’ attorneys are using settlement “documentary” videos before and during mediation in catastrophic cases. Utilizing the format of a tabloid television news program, these “documentaries” address problematic liability and damages issues in a light that is often unreasonably favorable to the injured party.
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DTCI: Did you miss this? Kudos, News & Blogs

January 29, 2014
From DTCI
News from around DTCI.
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DTCI: Johnson at regional DRI meeting

January 29, 2014
From DTCI
Jim Johnson, president of DTCI, attended the 2014 DRI North Central Regional Meeting held in Fort Myers earlier this month.
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DTCI: Meet your 2014 Board of Directors

January 1, 2014
From DTCI
At the November annual meeting of the Defense Trial Counsel of Indiana, the following officers and directors were elected. They assumed office Jan. 1, 2014.
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Southern Indiana commercial litigator to assume top spot in DTCI

December 18, 2013
Marilyn Odendahl
Evansville attorney Jim Johnson always wanted to be a lawyer, but he did not always want to be a leader.
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2013 DTCI amicus report

December 18, 2013
From DTCI
In 2013, the Defense Trial Counsel of Indiana’s Amicus Committee participated in a number of interesting appeals.
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DTCI sponsors American Cancer Society Discovery Ball

December 18, 2013
IL Staff
The Defense Trial Counsel of Indiana was a proud sponsor of the American Cancer Society Discovery Ball Nov. 15 through its Joan Fullam Irick Memorial Fund.
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DTCI celebrates its 20th annual conference at Blue Chip Casino

December 4, 2013
From DTCI
Defense attorneys gathered from every corner of Indiana to attend the 20th Annual Conference & Meeting at the Blue Chip Casino in Michigan City on Nov. 21-22.
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DTCI: Don’t miss the 2013 annual meeting in Michigan City

November 20, 2013
From DTCI
This year the DTCI Annual Meeting will be held at the Blue Chip Casino in Michigan City. The conference begins at 10 a.m. Thursday, Nov. 21, and continues through 5 p.m. on Friday, Nov. 22. If you have not yet registered to attend, I strongly encourage you to pack your suitcase with casual clothes (and a little extra green for the casino) and head north to get all the CLE you need for the year at one conference for the reasonable price of $299.
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DTCI: What is the proper jury instruction on the state-of-the-art presumption?

November 6, 2013
From DTCI
This is a bait-and-switch article. It applies to instructing the jury on the continuing effect of rebuttable presumptions in all civil cases. It just so happens that one of the best examples is the presumption of no liability under Indiana’s Product Liability Act. That presumption is broader than just the state-of-the-art defense.
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DTCI: Trimble receives ISBA Presidential Citation

November 6, 2013
From DTCI
John C. Trimble, former president of DTCI, was honored with a Presidential Citation by the Indiana State Bar Association for his exceptional contribution to the profession of law and the residents of Indiana.
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DTCI: Can women in the legal profession really beat the odds?

October 23, 2013
From DTCI
Research has shown that the greatest barrier to advancement for women attorneys is the work-family conflict.
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DTCI award recipients named

October 9, 2013
From DTCI
Congratulations to DTCI's award winners!
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DTCI: Navigating Common Issues in UIM Litigation

October 9, 2013
From DTCI
Many defense attorneys are eventually pulled into the love triangle of underinsured litigation. Like any good drama, underinsured cases are multifaceted and involve a bizarre set of twists and relationships.
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DTCI: Determining personal jurisdiction in the Twitterverse

September 25, 2013
John Twohy
What are, or should be, the contours of personal jurisdiction over foreign defendants who are alleged to have defamed forum residents using social media? The answer will vary depending on the social media platform at issue and the details of the communication at issue.
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DTCI: The medical review panel process

September 11, 2013
From DTCI
The medical review panel process plays an important role in medical malpractice litigation, including separating meritorious claims from meritless claims. The panel process and its effect on subsequent or concurrent litigation in court are the subjects of numerous debates and a large body of case law on a variety of issues. This article addresses two such issues: (1) a medical provider’s right to anonymity when a party files a motion for preliminary determination during the panel process; and (2) whether the statutory 90-day period following the issuance of the medical review panel’s opinion should be added to any time remaining under the statute of limitations before the plaintiff files a claim with the Indiana Department of Insurance.
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DTCI: He's No Creditor of Mine

August 14, 2013
Jason Massaro
The scenario is this: Your client is one of several members in a Multi-Member Indiana Limited Liability Company. Although business is good, your client learns that one of his co-members has creditors with a judgment against him and the judgment creditor now looks to the debtor-member’s LLC interest for collection. This article is designed to briefly examine the rights of the respective parties.
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DTCI: Indiana high court upholds punitive damage caps

August 14, 2013
From DTCI
The Indiana Supreme Court recently upheld caps on punitive damages and the procedure for allocating punitive damage awards. In State v. Doe, 987 N.E.2d 1066 (Ind. May 14, 2013), the court upheld the statute capping punitive damage awards at the greater of three times the amount of compensatory damages or $50,000. Ind. Code § 34-51-3-4. The court also upheld the statute requiring the plaintiff receive 25 percent of the punitive damages award while 75 percent goes to the Violent Crime Victim Compensation Fund. Ind. Code § 34-51-3-6. The punitive damages statute provides that the jury not be apprised of the caps or the 25-75 allocation. Ind. Code § 34-51-3-3.
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DTCI: 2 CLE meetings offered

August 14, 2013
From DTCI
DTCI offers 2 CLE programs.
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DTCI: Belonging to DRI can better your practice, the law and your life

July 31, 2013
Scott Kyrouac
As the DTCI state representative for DRI, I think it beneficial to remind the defense bar why membership in DRI is so important.
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DTCI: Synopsis of House Enrolled Act 1320

July 17, 2013
From DTCI
The workers’ compensation reform legislation, effective July 1, 2013, not only increases benefit amounts to injured workers, but also, most notably, imposes a fee schedule for the reimbursement of medical service facilities based upon Medicare’s reimbursement rates.
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DTCI: Thanks and welcome …

June 19, 2013
From DTCI
The thanks of the entire DTCI go to the current members of the board of editors of the Indiana Civil Litigation Review. Through their efforts, the Review is a publication of which we may all be proud.
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DTCI: Managing the mass-tort case

June 19, 2013
From DTCI
Consolidation, liaison counsel, electronic service and other helpful tools
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DTCI: Perception and psychology shape interactions

June 5, 2013
Kevin Tyra
Kevin Tyra takes a look at how how perception and psychology shape interactions in general, and interactions among adverse lawyers in particular.
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  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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