Defense Trial Counsel of Indiana

DTCI: Navigating Common Issues in UIM Litigation

October 9, 2013
From DTCI
Many defense attorneys are eventually pulled into the love triangle of underinsured litigation. Like any good drama, underinsured cases are multifaceted and involve a bizarre set of twists and relationships.
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DTCI: Determining personal jurisdiction in the Twitterverse

September 25, 2013
John Twohy
What are, or should be, the contours of personal jurisdiction over foreign defendants who are alleged to have defamed forum residents using social media? The answer will vary depending on the social media platform at issue and the details of the communication at issue.
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DTCI: The medical review panel process

September 11, 2013
From DTCI
The medical review panel process plays an important role in medical malpractice litigation, including separating meritorious claims from meritless claims. The panel process and its effect on subsequent or concurrent litigation in court are the subjects of numerous debates and a large body of case law on a variety of issues. This article addresses two such issues: (1) a medical provider’s right to anonymity when a party files a motion for preliminary determination during the panel process; and (2) whether the statutory 90-day period following the issuance of the medical review panel’s opinion should be added to any time remaining under the statute of limitations before the plaintiff files a claim with the Indiana Department of Insurance.
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DTCI: Commitment to the rule of law is US’s greatest export

August 28, 2013
Our convoy departed at 0400 in eight up-armored Humvees, two Ford Rangers and a Mahindra jeep. Heading north, we passed Bagram Airbase and began the ascent up into the Hindu-Kush Mountains. The Afghan summer heat had melted the snow that had blocked passage through the Salang Tunnel at roughly 11,000 feet.
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DTCI: He's No Creditor of Mine

August 14, 2013
Jason Massaro
The scenario is this: Your client is one of several members in a Multi-Member Indiana Limited Liability Company. Although business is good, your client learns that one of his co-members has creditors with a judgment against him and the judgment creditor now looks to the debtor-member’s LLC interest for collection. This article is designed to briefly examine the rights of the respective parties.
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DTCI: Indiana high court upholds punitive damage caps

August 14, 2013
From DTCI
The Indiana Supreme Court recently upheld caps on punitive damages and the procedure for allocating punitive damage awards. In State v. Doe, 987 N.E.2d 1066 (Ind. May 14, 2013), the court upheld the statute capping punitive damage awards at the greater of three times the amount of compensatory damages or $50,000. Ind. Code § 34-51-3-4. The court also upheld the statute requiring the plaintiff receive 25 percent of the punitive damages award while 75 percent goes to the Violent Crime Victim Compensation Fund. Ind. Code § 34-51-3-6. The punitive damages statute provides that the jury not be apprised of the caps or the 25-75 allocation. Ind. Code § 34-51-3-3.
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DTCI: 2 CLE meetings offered

August 14, 2013
From DTCI
DTCI offers 2 CLE programs.
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DTCI: Belonging to DRI can better your practice, the law and your life

July 31, 2013
Scott Kyrouac
As the DTCI state representative for DRI, I think it beneficial to remind the defense bar why membership in DRI is so important.
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DTCI: Synopsis of House Enrolled Act 1320

July 17, 2013
From DTCI
The workers’ compensation reform legislation, effective July 1, 2013, not only increases benefit amounts to injured workers, but also, most notably, imposes a fee schedule for the reimbursement of medical service facilities based upon Medicare’s reimbursement rates.
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DTCI: Thanks and welcome …

June 19, 2013
From DTCI
The thanks of the entire DTCI go to the current members of the board of editors of the Indiana Civil Litigation Review. Through their efforts, the Review is a publication of which we may all be proud.
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DTCI: Managing the mass-tort case

June 19, 2013
From DTCI
Consolidation, liaison counsel, electronic service and other helpful tools
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DTCI: Perception and psychology shape interactions

June 5, 2013
Kevin Tyra
Kevin Tyra takes a look at how how perception and psychology shape interactions in general, and interactions among adverse lawyers in particular.
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DTCI: Getting Paid on a Construction Project

May 22, 2013
From DTCI
The latest on contingent payment clauses.
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DTCI: As attorneys, conflict is our business

May 8, 2013
From DTCI
This is not a call for more “civility.” To be candid, I have heard that so many times from so many people that it has lost all significance to me.
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DTCI: FMLA Update

April 24, 2013
From DTCI
Pre-Eligibility Request for Post-Eligibility Leave May Be Protected
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DTCI: Make No Bones About It

April 24, 2013
From DTCI
Defending Product Liability Claims Involving Food Products
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DTCI: Rookie seminar will take defense practice to new levels

April 10, 2013
From DTCI
Are you ready to learn what you really need to know to practice defense law? Well, the DTCI is ready to teach you!
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DTCI: The Examination Under Oath

March 27, 2013
What It Is . . . and What It’s Not.
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DTCI: Early mentors influenced me as an attorney

March 13, 2013
From DTCI
How did I turn out like this? After practicing law for 32 years, I decided it was time to look back and examine the reasons that I behave certain ways.
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Lawyers worry about impact of court decision on premises liability

February 27, 2013
Dave Stafford
The fatal shooting of a guest in a Speedway motel by a former employee and the resulting civil litigation leaves the Indiana Supreme Court to decide whether arguments of common law or a 1980s statute governs the premises owner’s degree of liability. Trial and defense lawyers are paying keen attention.
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DTCI: Reflections of a rookie trial lawyer

February 27, 2013
From DTCI
The anti-curmudgeon's guide to practicing law.
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DTCI: New Medicare reimbursement and reporting law

February 27, 2013
From DTCI
On January 10, 2013, President Barack Obama signed into law the Strengthening Medicare and Repaying Taxpayers Act of 2012 (“SMART Act”). When finally implemented, the SMART Act should streamline settlement negotiations and provide more certainty to settlements involving Medicare beneficiaries.
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DTCI: Mediation confidentiality

February 27, 2013
Scott Kyrouac
The Indiana Supreme Court in Dennis Jack Horner v. Marcia (Horner) Carter, 34S02-1210-DR-582, corrected the Indiana Court of Appeals opinion that the confidentiality of mediation can be broken.
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DTCI: Beware of overly broad media policies

February 27, 2013
From DTCI
The National Labor Relations Board continues to be very active in evaluating employee handbook provisions that may affect the rights of union and nonunion employees to engage in protected, concerted activity under Section 7 of the National Labor Relations Act.
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DTCI: Premises liability for the criminal acts of others

February 13, 2013
From DTCI
Indiana premises liability jurisprudence may be changing. If it does, being a business owner in Indiana will be increasingly risky. Not a risk premised on how good the business person may be, but premised on whether a crime will occur at the business and harm a customer, visitor or guest.
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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

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