Defense Trial Counsel of Indiana

2014 DTCI Amicus Report

December 3, 2014
From DTCI
In 2014, the Defense Trial Counsel of Indiana’s Amicus Committee participated in a number of interesting appeals, several of which have not yet been decided. The cases DTCI became involved in this year addressed a variety of evidentiary and other issues that are of interest to the defense bar.
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DTCI: Is technology killing the work-life balance?

November 19, 2014
From DTCI
I will admit that when I first started practicing law, there were no BlackBerry phones, iPhones or tablets allowing one to access email at any time of the day, anywhere in the world. I also could not access the system in our office while at home or some other remote location. Now that all of these options are available to us, I can’t help but wonder is technology killing the ability to balance work with life?
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DTCI: Take time to invest in yourself

November 5, 2014
From DTCI
Where I work, it is the usual practice of the partnership to send attorneys with my level of experience (five to six years) to a seminar in order to prepare us for the eventual responsibility of trying a case on our own.
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DTCI: 15 years of court interpretation on presumption and products liability

November 5, 2014
From DTCI
In the 15 years since the presumption became a part of the IPLA, it has been invoked in a number of actions involving the design, manufacture, labeling and packaging of numerous products. This article explores Indiana court decisions that have transformed the breadth and impact of the presumption both in its application and the requirements necessary to overcome it.
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DTCI: Proceed with caution and civility during depositions

October 22, 2014
As a young lawyer, I have quickly learned that this friction between our duties to our clients and our duty to behave civilly becomes overly apparent at depositions. Without a doubt, depositions are an extremely effective and widely used discovery tool. They present great opportunity to gain valuable facts that can be used against an opponent. That being said, they also present great opportunity for incivility, especially because depositions are generally held outside a judge’s supervision.
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DTCI: Bad faith when there was no coverage?

October 8, 2014
An insurer denies a claim and the court agrees there is no coverage under the policy. Case closed. Or is it?
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DTCI: North Central Region Trial Workshop Academy

October 8, 2014
From DTCI
View a photo from the recent North Central Region Trial Academy Workshop Academy.
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DTCI: Sign up now for the 21st Annual Conference and Meeting

October 8, 2014
From DTCI
Join us on Nov. 20 & 21 at the French Lick Resort for a jam-packed schedule.
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DTCI: Deciphering the new Administrative Rule 9(G)

September 24, 2014
From DTCI
On Sept. 8, the Indiana Supreme Court issued an order amending the Administrative Rules, wherein it adopted most of the proposed changes and added some requirements to Rule 9(G). These amendments take effect Jan. 1, 2015.
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DTCI: The Affordable Care Act and medical malpractice claims

September 10, 2014
From DTCI
How will the law affect medical malpractice claims in Indiana?
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DTCI: Award nominations invited

September 10, 2014
From DTCI
The Defense Trial Counsel’s Annual Meeting will be held Nov. 20 - 21 at French Lick Resort. 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: Playing by the rules

August 27, 2014
From DTCI
Christopher Lee uses a popular board game to teach his children about democracy and the rule of law.
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DTCI: The sleeping giant - Indiana’s Deceptive Consumer Sales Act

August 13, 2014
Jason Massaro
Indiana’s Deceptive Consumer Sales Act, I.C. 24-5-0.5 et seq., is a fairly complicated statute clothed in relative obscurity. The DCSA’s complexity is due partly to the way it is written, its scope, and the numerous cross-references to other conduct and statutes that fall within its purview. This article will introduce the statute, discuss its uses, implications, and its application to various types of transactions.
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DTCI: Paralegal summer social

August 13, 2014
From DTCI
The DTCI Paralegal Section Summer Social was held July 17 at The Slippery Noodle Inn in Indianapolis. Twenty current and prospective members of the section attended to hear DTCI director Kevin Tyra speak – and to take advantage of the complimentary refreshments offered by the event sponsor, Connor Reporting.
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DTCI: North Central Region Trial Academy

August 13, 2014
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 2014 North Central Region Trial Academy! The academy is the only in-depth trial tactics seminar in Illinois, Indiana and Wisconsin designed by defense attorneys for defense attorneys.
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DTCI: Mentoring – taking care of lawyering business

July 30, 2014
Cynthia Muse
Guess what? Unless you keep your office door closed, don’t talk on the telephone and don’t use email/Facebook/Twitter, you mentor every working day.
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DTCI: Independent contractors under the Worker’s Compensation Act

July 16, 2014
From DTCI
Independent contractors are usually excluded from coverage under the Indiana Worker’s Compensation Act. Accordingly, an individual’s status as an independent contractor may serve as a defense to an otherwise compensable claim. While this general principle – that independent contractors are not covered by the Act – seems simple enough, the provisions of the Act addressing independent contractors can give rise to some complex legal and factual issues.
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DTCI: Awards nominations invited

July 16, 2014
From DTCI
The Defense Trial Counsel’s Annual Meeting will be held Nov. 20-21 at French Lick Resort. 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: Would you choose to be a lawyer if you had a do-over?

July 2, 2014
Renee Mortimer
“If you could do it all over again, would you still be a lawyer?” Anyone reading this has probably been asked the question. I myself cannot think of anything else that I would do, and of course, my answer is “Yes!”
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DTCI: Attorney-expert communications

June 18, 2014
From DTCI
When you assist and prepare an expert witness and ask him to formulate his opinion, you may wonder whether your oral and written communications with the expert will be discoverable. Being required to disclose such communications in discovery depends on whether your case is in federal or state court since the federal and Indiana rules currently differ as to what is protected.
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DTCI: Author! Author!

June 18, 2014
From DTCI
Volume XI of the DTCI Indiana Civil Litigation Review is now in the planning stages. The board of editors is seeking ideas and authors for articles for Volume XI, deadline September 2014.
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DTCI: Young attorneys should rely on their own devices at work

June 4, 2014
Kevin Tyra

To the extent practicable, young attorneys should rely on their own devices to determine what needs to be done, and how to do it, rather than expect the more senior attorney to spell it out for them.

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DTCI: Public works statute tested

May 21, 2014
From DTCI
Publicly funded construction projects in Indiana have long been governed by statutes that set forth the procedures by which certain public entities must select the contractors performing the work.
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DTCI Women in the Law launch and lunch

May 21, 2014
From DTCI
On April 17, 2014, more than 60 female defense attorneys attended the kick-off luncheon for DTCI’s newest committee: Women in the Law.
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DTCI: Invest in yourself to build practice and reputation

May 7, 2014
From DTCI
We have all noticed that there are a lot of lawyers. On top of that, there are a lot of lawyers with less work than they would like. Lawyering is a business and is controlled by traditional rules of commerce: supply, demand, pricing, quality, branding. Lawyers are the product. They are the brand.
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  1. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  2. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

  3. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  4. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  5. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

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