Defense Trial Counsel of Indiana

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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DTCI: Tort prejudgment interest statutes

January 30, 2013
From DTCI
William Ramsey writes about open issues after the Supreme Court’s recent decisions.
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DTCI: Volume IX of the DTCI Indiana Civil Litigation Review is now in production

January 30, 2013
From DTCI
The board of editors is seeking ideas and authors for articles for Volume X, deadline October 2013.
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Looking forward: DTCI and the insurance industry

January 16, 2013
From DTCI
When I look to the future, I see storm clouds gathering on the horizon because one of the industries our defense counsel represents has chosen a course that will ultimately cause damage to itself in the future.
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DTCI: Meet your 2013 Board of Directors

January 2, 2013
From DTCI
Read more about the DTCI's new board of directors.
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Huelat wants DTCI to address decline in experienced civil defenders statewide

December 19, 2012
Dave Stafford
Jerry Huelat brings more than 30 years of legal experience to the presidency of the Defense Trial Counsel of Indiana, the role he assumes in 2013. He hopes to broaden the organization’s membership and reinforce the importance of capable counsel statewide.
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2012 DTCI Amicus Report

December 19, 2012
From DTCI
In 2012, the Defense Trial Counsel of Indiana’s Amicus Committee participated, or is participating, in four interesting appeals, each involving support for parties seeking transfer to the Indiana Supreme Court.
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DTCI Honors Outstanding Lawyers & Leaders

December 5, 2012
From DTCI
The Defense Trial Counsel of Indiana bestowed its annual awards on the outstanding defense lawyers of 2012 and thanked its past and future leaders for their willingness to serve their colleagues and the civil justice system in Indiana. Click to view photos.
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DTCI: New Officers Elected

December 5, 2012
From DTCI
At the November annual meeting of the Defense Trial Counsel of Indiana, the following officers were elected. They will assume office Jan. 1, 2013.
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Why Join DTCI?

December 5, 2012
From DTCI
The Defense Trial Counsel of Indiana explains why attorneys should join the organization, including first-hand insight and a free DRI membership.
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DTCI's Indiana Civil Litigation Review

December 5, 2012
From DTCI
The DTCI’s flagship publication, the Indiana Civil Litigation Review, will be distributed soon. Members and subscribers can anticipate another issue full of valuable information and analyses by leaders of Indiana’s defense bar.
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DTCI: Client relationships and effective case management

November 21, 2012
From DTCI
Both authors of this article recently had experiences in which our clients have shown us the true emotional impact that litigation can have on a new litigant.
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DTCI: Forum non conveniens law

November 7, 2012
Jeffrey Mortier
Indiana Supreme Court provides guidance.
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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