Defense Trial Counsel of Indiana

DTCI: Paralegal Service Project Success

November 18, 2015
From DTCI
The DTCI Paralegals raised more than $3,000 in support of a 10-member special operations detachment currently stationed overseas. The donations went toward personal care items, gift cards, and headphones for the soldiers.
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DTCI: Amicus Service Recognized

November 18, 2015
From DTCI
A special ceremony honoring two retiring members of the Amicus Committee will be held during the DTCI Annual Conference lunch on Thursday, Nov. 19.
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DTCI Award Recipients Named

November 18, 2015
From DTCI
In conjunction with its 2015 annual meeting in Bloomington Nov. 19-20, the DTCI will recognize the outstanding defense lawyers of the year. The awards ceremony will be held during the board of directors’ dinner on Nov. 18.
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DTCI: Sealing confidential terms of compromise

November 4, 2015
From DTCI
Recently, a colleague and I were faced with the following issue in a wrongful death action after resolving all claims at mediation: Is an Indiana trial court permitted to seal and/or prevent public access to records required to be filed with the court related to the compromise of a plaintiff’s claim that include or otherwise identify confidential terms of the resolution?
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DTCI: Kudos

October 21, 2015
From DTCI
Congratulations to Gary J. Clendening, 1986 president of DTCI, who retired from the active practice of law on Oct. 1.
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Around DTCI

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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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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