Defense Trial Counsel of Indiana

Meet the 2017 DTCI board of directors

January 11, 2017
From DTCI
At the November annual meeting of the Defense Trial Counsel of Indiana, the following officers and directors were elected. They assumed office on Jan. 1, 2017.
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DTCI: 2017 Board of Directors named at 23rd annual conference

December 14, 2016
From DTCI
The Defense Trial Counsel of Indiana named its 2017 officers and directors at its 23rd annual conference and meeting last month.
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2017 DTCI president focused on celebrating 50th anniversary

November 30, 2016
Olivia Covington
The Evansville attorney wants to look at the history of organization and engage members in service projects in 2017.
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2016 Defense Trial Counsel of Indiana amicus report

November 30, 2016
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DTCI: Patchett v. Lee: The end of the fight over the admissibility of medical write-offs?

November 16, 2016
From DTCI
The Indiana Supreme Court reinforced its position that Indiana applies the “middle ground” approach in determining the reasonableness of medical services. It has affirmed this approach with respect to medical bills that are paid by private health insurance companies and government entities.
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DTCI Nominations for Board of Directors

November 16, 2016
From DTCI
The Defense Trial Counsel of Indiana will elect its 2017 officers and directors at its 23rd Annual Conference and Meeting in Fort Wayne Nov. 17-18. They will take office Jan. 1, 2017.
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DTCI: Calling corporate counsel! Join your defense colleagues

November 2, 2016
Kevin Tyra
While the roles of defense trial counsel (particularly “outside” counsel or panel counsel in the law firm setting) and corporate and in-house counsel are often different, we have much in common.
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DTCI: Some lessons learned while on the DTCI board

October 5, 2016
Jamie Oss
Since I am soon leaving the DTCI board of directors and moving on to the ISBA Board of Governors, I thought that I would share a few lessons that I have learned over the years, both on the board and off, as my last director’s column.
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DTCI: Business associate classification and HIPAA liability for lawyers

September 21, 2016
From DTCI
Jarrod Malone writes about the impact of the business associate classification on lawyers and law firms.
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DTCI: North Central Region Trial Academy

September 21, 2016
From DTCI
Need to enhance your skills as a litigator? Searching for a good trial advocacy seminar? If so, be sure to register today for the 2016 North Central Region Trial Academy!
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DTCI: Women in the Law Division

September 21, 2016
From DTCI
An Interview With Chief Justice Loretta Rush
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DTCI: Trifecta!

September 21, 2016
From DTCI
Insurance Coverage - Judges' Roundtable - Beer Tasting
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DTCI: The need for federal anti-SLAPP legislation is great

September 7, 2016
Christopher Lee
Whether it is The Speak Free Act or some other federal legislation, there appears to be a growing consensus that a federal uniform anti-SLAPP statute will eventually be enacted.
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DTCI: Indiana’s Uniform Security Act: An introduction

August 24, 2016
Jason Massaro
This article will give the reader some insight as to when the Indiana Uniform Security Act may come into play. This article is not meant to cover all IUSA’s applications, defenses or interplay with federal law.
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DTCI: Young Lawyer Mixers—a Hit!

August 24, 2016
From DTCI
DTCI Young Lawyer regional mixers were enthusiastically received in Merrillville and Evansville in July.
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DTCI: Awards Nominations Invited

August 24, 2016
From DTCI
The Defense Trial Counsel’s Annual Meeting will be held Nov. 17-18 in Fort Wayne. One of the highlights of the meeting is the presentation of the “Defense Lawyer of the Year,” the “Diplomat of the Indiana Defense Trial Counsel,” and the “Outstanding Young Lawyer” awards.
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DTCI: Want to stop the lawyer jokes? Change the perception

August 10, 2016
Matthew King
It troubles me when our profession is reduced to jokes. If the public perception of lawyers perpetuates the jokes and negative portrayals, and if those jokes and portrayals bother us, what can we do to change the public perception?
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DTCI: Of stare decisis, dissents, and asbestos litigation

July 27, 2016
This article examines the role stare decisis played in deciding personal injury cases stemming from asbestos.
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DTCI: Recovery of workers’ comp liens in third-party actions

July 13, 2016
From DTCI
An overview of the statutory rights of an employer/carrier to recover on such liens is often a good refresher since many attorneys tend to overlook this important aspect when seeking to settle their liability cases.
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DTCI: Women in the Law Division hosts events

June 29, 2016
From DTCI
Attorneys and sponsors joined with about 25 other attorneys at McCormick & Schmick’s in Indianapolis for a networking mixer on June 8.
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DTCI: Consequences of silence

June 29, 2016
From DTCI
What civil litigators should know before a client “takes the Fifth.”
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DTCI: Experience New England in the fall with defense colleagues

June 15, 2016
Renee Mortimer
My dear defense lawyer colleagues, it is time to plan to attend the Defense Research Institute 2016 Annual Meeting!
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DTCI: Termination for convenience, remedies and good faith

June 1, 2016
From DTCI
Because termination for convenience is such a significant event, it is important for owners and contractors to fully understand the significance and effect of the termination for convenience clause, before execution of the contract.
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DTCI: A baby boomer responds to the millennial generation

May 18, 2016
Kevin Tyra
Let's put this in a little intergenerational perspective. Many boomers don't think millennials are sufficiently committed to their jobs and their futures with their employers. To whatever extent boomers are "disappointed" in millennials, that is a fraction of the disappointment, generally speaking, the Greatest Generation (the boomers' parents) had in so many young boomers about 40-50 years ago.
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DTCI: A protracted push and pull

May 4, 2016
From DTCI
The Indiana Supreme Court’s history with asbestos litigation and its statute of repose.
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  1. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  2. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  3. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  4. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  5. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

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