DTCI

DTCI: Attention & Kudos

August 18, 2010
From DTCI
DTCI is seeking ideas and authors for articles for Volume 7, No. 2 of the Indiana Civil Litigation Review.
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Why join DTCI

August 18, 2010
From DTCI
Call the DTCI offices and let the DTCI help you become a more effective defense attorney!
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DTCI: Anchors away! Navigate to the DRI annual meeting

August 4, 2010
Thomas Schultz
Have you ever considered what it would be like to stand aboard an aircraft carrier? Have you ever wanted to meet and learn from a Navy Seal who survived on his own behind enemy lines in Afghanistan?
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DTCI: Worker's comp liens in third-party suits

July 21, 2010
From DTCI
On May 27, 2010, the Indiana Supreme Court issued a decision that has affected the manner in which worker’s compensation liens are handled in third-party litigation.
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DTCI: Awards nominations invited

July 21, 2010
From DTCI
The DTCI’s Awards Committee is now receiving nominations for the 2010 awards.
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DTCI: Kudos

July 21, 2010
From DTCI
Patricia Polis McCrory was chosen the president-elect to the Kiwanis Club of Indianapolis.
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DTCI: Results from June golf tourney

July 21, 2010
From DTCI
Congratulations to the top two teams from the DTCI-Phenix Investigations annual golf outing.
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DTCI: Practicing law can be gratifying, even in summertime

July 7, 2010
Misha Rabinowitch
Recently, in a moment of self-reflection, I found myself thinking about what I find gratifying about practicing law.
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DTCI: What I really meant to say. . .

June 23, 2010
Audra Ferguson-Allen
The Seventh Circuit and the Indiana district courts have disallowed the “take home exam” theory of errata sheets, which can be particularly troublesome at the summary judgment stage.
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DTCI: Indiana Civil Litigation Review

June 23, 2010
From DTCI
The next issue of the Indiana Civil Litigation Review will be on members’ desks in a few weeks.
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DTCI: The broad scope of MDA preemption

June 9, 2010
John Twohy
In a series of decisions culminating in Riegel v. Medtronic, Inc.,  federal courts came to recognize that the Medial Device Amendments preempted not only traditional products liability claims such as those based on an alleged defect or implied warranty but also causes of action premised on theories such as consumer fraud.
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DTCI: Effective risk transfer in a contract

May 26, 2010
Lewis Wooton
For nearly every major construction project, a construction contract is entered into before construction begins. In almost all of those contracts, provisions are made for the transfer of risk.
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DTCI: Decisons encourage comparative fault arguments

May 12, 2010
Kevin Tyra
As Jerry Padgett and I discussed in our commentary, “Causation as a case-dispositive issue” (Indiana Lawyer, Oct. 14, 2009), the Indiana Court of Appeals has held in favor of summary judgment for defendants in instances in which the plaintiff’s negligence clearly intervened whatever fault may have been assigned to the defendant.
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DTCI: Testifying physicians must provide written reports for opinions

April 28, 2010
Matthew King
Why must a defendant wait until the deposition of a plaintiff's treating physician to discover the doctor's opinions on injury causation, the plaintiff's prognosis, or the permanency of the plaintiff's injury?
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DTCI: EPA addresses lead paint renovation issues

April 14, 2010
Jason Massaro
After April 22, 2010, an act mandates that no person or company may perform, offer, or claim to perform renovations without first being certified by the Environmental Protection Agency where such renovations occur in structures that were, inter alia, constructed before 1978 and visited regularly or occupied by a child under the age of 6 or by a pregnant woman in which such structures are shown to have a high enough level of lead-based paint after testing.
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DTCI: Potential Issues for Excess Insurers in Long Term Environmental Contamination Cases

March 31, 2010
James Boyers, Matthew Trainor
Declaratory judgment actions in which policyholders seek insurance coverage for historical environmental contamination under comprehensive general liability policies, umbrella insurance policies, and/or excess insurance policies present complex legal, factual, and scientific issues to defense practitioners. Often, the alleged contamination at issue took place over decades. These cases usually involve layers of policies offering potential coverage and significant uncertainty regarding the potential scope of remediation costs.
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Defense Trial Counsel of Indiana: Don't use cell phone while driving!

March 17, 2010
David Temple
OK, the information you are about to read may save your life! Yes, that is correct, and your families, colleagues, and even your clients will thank you for reading this article.
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DTCI: Intentional infliction of emotional distress

February 3, 2010
Belinda Johnson-Hurtado
The tort of intentional infliction of emotional distress ("IIED") arises when a defendant (1) engages in "extreme and outrageous" conduct that (2) intentionally or recklessly (3) causes (4) sever emotional distress to another.
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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

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  4. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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