Defense Trial Counsel of Indiana

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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: Candor toward tribunal trumps attorney-client privilege

September 9, 2015
Jamie Oss
The requirement for candor toward the tribunal is set forth in Indiana Rule of Professional Conduct 3.3, and it qualifies the attorney-client privilege.
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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: 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: Why I belong to the Defense Trial Counsel of Indiana

May 20, 2015
Kevin Tyra
By far, the organization that is the greatest value to me and my practice is the Defense Trial Counsel of Indiana. I’d like to share with you some of the reasons why.
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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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'Candid talk' on women in law

April 8, 2015
Dave Stafford
Attorneys Bernadette Catalana and Kelly Odorisi faced jaw-dropping experiences on their paths to success, like being called “cupcake” by a judge, or being told to “act more like a man” when clearly treated differently because of their gender.
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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: What exactly does it mean to be a ‘Hoosier lawyer?’

March 25, 2015
From DTCI
Dictionary.com defines the word Hoosier as follows: 1) a native or inhabitant of Indiana (used as a nickname). 2) (usually lowercase) any awkward, unsophisticated person, especially a rustic.
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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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  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. If the end result is to simply record the spoke word, then perhaps some day digital recording may eventually be the status quo. However, it is a shallow view to believe the professional court reporter's function is to simply report the spoken word and nothing else. There are many aspects to being a professional court reporter, and many aspects involved in producing a professional and accurate transcript. A properly trained professional steno court reporter has achieved a skill set in a field where the average dropout rate in court reporting schools across the nation is 80% due to the difficulty of mastering the necessary skills. To name just a few "extras" that a court reporter with proper training brings into a courtroom or a deposition suite; an understanding of legal procedure, technology specific to the legal profession, and an understanding of what is being said by the attorneys and litigants (which makes a huge difference in the quality of the transcript). As to contracting, or anti-contracting the argument is simple. The court reporter as governed by our ethical standards is to be the independent, unbiased individual in a deposition or courtroom setting. When one has entered into a contract with any party, insurance carrier, etc., then that reporter is no longer unbiased. I have been a court reporter for over 30 years and I echo Mr. Richardson's remarks that I too am here to serve.

  3. A competitive bid process is ethical and appropriate especially when dealing with government agencies and large corporations, but an ethical line is crossed when court reporters in Pittsburgh start charging exorbitant fees on opposing counsel. This fee shifting isn't just financially biased, it undermines the entire justice system, giving advantages to those that can afford litigation the most. It makes no sense.

  4. "a ttention to detail is an asset for all lawyers." Well played, Indiana Lawyer. Well played.

  5. I have a appeals hearing for the renewal of my LPN licenses and I need an attorney, the ones I have spoke to so far want the money up front and I cant afford that. I was wondering if you could help me find one that takes payments or even a pro bono one. I live in Indiana just north of Indianapolis.

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