Defense Trial Counsel of Indiana

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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DTCI:10 tips to maximize contract effectiveness, enforcement

April 20, 2016
Eager to consummate the deal, contracting parties often rush the negotiation process and end up with a written document that does not clearly explain the agreement or define the parties’ respective obligations.
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Author! Author!

April 6, 2016
From DTCI
The board of editors invites ideas for topics and authors for articles for Volume XIII of the DTCI Indiana Civil Litigation Review.
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Reducing discovery costs in employment cases

April 6, 2016
From DTCI
While we can hope that the new federal policy restricting discovery will succeed, the last 80 years provide few reasons for optimism.
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DTCI: Senate obstruction on appointments harms entire judiciary

March 23, 2016
From DTCI
Since the Republicans took control of the Senate after the 2014 elections, the Obama administration has made only one judicial appointment as Republican senators have refused to sign off ahead of time on nominees for judgeships in their states. This is in stark contrast to President Obama’s predecessors since Ronald Reagan who also faced a Senate controlled by the opposing party, yet appointed between 10-18 appellate judges in their last two years in office.
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DTCI: Bridging the generational gap

March 9, 2016
From DTCI
The issue of “dealing with millennials” isn’t just a hot topic; it is a real issue facing the legal industry that not only warrants our collective attention, regardless of our age group, but also deserves an honest conversation.
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DTCI: March Membership Madness

March 9, 2016
From DTCI
Sure it’s madness, but DTCI is pulling out the stops to encourage current members to sponsor other defense attorneys as NEW DTCI members.
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DTCI: Oral argument: your brief’s critical supplement

March 9, 2016
From DTCI
United States Supreme Court Justice William Rehnquist, considering the relationship between brief writing and oral argument, likened the former to a movie preview and the latter to the movie itself.
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DTCI: Rights of refusal and ‘cooling-off periods’

February 24, 2016
Jason Massaro
I find myself often representing companies that are subject to all sorts of tangential laws that they must know about and adhere to. Many times these laws require certain notice requirements to the clients with whom my clients do business.
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DTCI: Indiana Court of Appeals establishes third-party duty of care under CPA

February 10, 2016
From DTCI
On Dec. 31, 2015, the Indiana Court of Appeals issued a ruling in Collip v. Ratts, 49A05-1501-CT-1, 2015 WL 9589777 (Ind. Ct. App. Dec. 31, 2015). The underlying facts show that on March 30, 2009, one of a nurse practitioner’s patients, Robert Ratts, died as a partial result of mixed drug intoxication.
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DTCI: 'It ain't whatcha write, it's the way atcha write it'

February 10, 2016
From DTCIMore

DTCI: ‘Making a Murderer’ influences perception of judiciary

January 27, 2016
Producers of “Making a Murderer” and other true-crime stories have the ability to influence the public’s perception of an individual’s guilt or innocence, as well as the actions of the attorneys involved, well after a verdict is reached and regardless of the evidence presented in the courtroom.
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Meet the 2016 DTCI board of directors

January 13, 2016
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, 2016.
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DTCI: Where have all the jury trials gone?

December 30, 2015
Conceptually, attorneys (and especially perhaps members of organizations like DTCI and ITLA) embrace as inviolate the right to trial by jury. We cite the concept both as a goal and as the bedrock of our existence – and sometimes in responses opposing summary judgment motions. But the Indiana Supreme Court “2014 Indiana Judicial Service Report, Vol I: Judicial Year in Review” caused me to look more closely at how that right is being exercised as a practical matter.
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DTCI annual meeting 2015 photos

December 16, 2015
From DTCI
Members gathered in Bloomington to honor attorneys, attend educational sessions and socialize. Click here to see some of the photos.
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DTCI 2016 officers and directors named

December 16, 2015
From DTCI
The Defense Trial Counsel of Indiana named its 2016 officers and directors at its 22nd Annual Conference and Annual Meeting Nov. 19-20. The officers and directors will take office Jan. 1, 2016.
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New DTCI president to continue diversity push

December 2, 2015
Marilyn Odendahl
James Hehner brings 30-plus years of professional experience to the leadership post for the Defense Trial Counsel of Indiana.
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2015 DTCI amicus report

December 2, 2015
From DTCI
In 2015, the Defense Trial Counsel of Indiana’s Amicus Committee participated in a number of interesting appeals, two of which are set for oral argument in the near future. The cases DTCI became involved in this year, as in past years, pertain to a variety of issues which are of significant interest to the defense bar.
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DTCI elects new board and officers at annual conference

December 2, 2015
From DTCI
The Defense Trial Counsel of Indiana named its 2016 officers and directors at its 22nd Conference and Annual Meeting Nov. 19-20. The officers and directors will take office Jan. 1, 2016.
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DTCI: Is Fido a product?

November 18, 2015
From DTCI
Examining the standard under the Indiana Product Liability Act.
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  1. Living in South Bend, I travel to Michigan a lot. Virtually every gas station sells cold beer there. Many sell the hard stuff too. Doesn't seem to be a big deal there.

  2. Mr. Ricker, how foolish of you to think that by complying with the law you would be ok. Don't you know that Indiana is a state that welcomes monopolies, and that Indiana's legislature is the one entity in this state that believes monopolistic practices (such as those engaged in by Indiana Association of Beverage Retailers) make Indiana a "business-friendly" state? How can you not see this????

  3. Actually, and most strikingly, the ruling failed to address the central issue to the whole case: Namely, Black Knight/LPS, who was NEVER a party to the State court litigation, and who is under a 2013 consent judgment in Indiana (where it has stipulated to the forgery of loan documents, the ones specifically at issue in my case)never disclosed itself in State court or remediated the forged loan documents as was REQUIRED of them by the CJ. In essence, what the court is willfully ignoring, is that it is setting a precedent that the supplier of a defective product, one whom is under a consent judgment stipulating to such, and under obligation to remediate said defective product, can: 1.) Ignore the CJ 2.) Allow counsel to commit fraud on the state court 3.) Then try to hide behind Rooker Feldman doctrine as a bar to being held culpable in federal court. The problem here is the court is in direct conflict with its own ruling(s) in Johnson v. Pushpin Holdings & Iqbal- 780 F.3d 728, at 730 “What Johnson adds - what the defendants in this suit have failed to appreciate—is that federal courts retain jurisdiction to award damages for fraud that imposes extrajudicial injury. The Supreme Court drew that very line in Exxon Mobil ... Iqbal alleges that the defendants conducted a racketeering enterprise that predates the state court’s judgments ...but Exxon Mobil shows that the Rooker Feldman doctrine asks what injury the plaintiff asks the federal court to redress, not whether the injury is “intertwined” with something else …Because Iqbal seeks damages for activity that (he alleges) predates the state litigation and caused injury independently of it, the Rooker-Feldman doctrine does not block this suit. It must be reinstated.” So, as I already noted to others, I now have the chance to bring my case to SCOTUS; the ruling by Wood & Posner is flawed on numerous levels,BUT most troubling is the fact that the authors KNOW it's a flawed ruling and choose to ignore the flaws for one simple reason: The courts have decided to agree with former AG Eric Holder that national banks "Are too big to fail" and must win at any cost-even that of due process, case precedent, & the truth....Let's see if SCOTUS wants a bite at the apple.

  4. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  5. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

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