Defense Trial Counsel of Indiana

DTCI: 'Justification to file' on medical device review

June 8, 2011
From DTCI, John Twohy
A medical device which “presents a potential unreasonable risk of illness or injury” that cannot be alleviated by alternate means such as proper labeling, prohibitions against adulteration, performance standards, or post-market surveillance falls within Class III under the Medical Device Amendments to the Food, Drug and Cosmetic Act.
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DTCI: The anatomy of jobsite accident claims

May 25, 2011
From DTCI
In the unfortunate event of a construction jobsite accident that results in bodily injury or, in the worst-case scenario, a fatality, the resulting claims and litigation can be extremely complex. Construction jobsite accident claims often play out as follows.
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DTCI: Who needs government? Maybe we do!

May 11, 2011
Kevin Tyra
When I got out of bed this morning, a Tea Party activist on the morning news was decrying government intrusion into our lives and our freedom. He seemed to be saying that our lives would be so much better without government getting in our way and getting in the way of businesses trying to make our lives better through the free market system.
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DTCI: New tool in defending defective products

April 27, 2011
From DTCI
The Indiana Supreme Court recently held that a plaintiff’s fault in initially causing an accident may be considered in a crashworthiness case against the car manufacturer.
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DTCI: Pennell receives ADTA President's Award

April 27, 2011
From DTCI
Stephen R. Pennell, former president of DTCI and partner in the Lafayette firm of Stuart & Branigin, received the President’s Award for Outstanding Service to the ADTA at the Association of Defense Trial Attorneys’ annual meeting in Hawaii.
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DTCI: Technology in the practice

April 13, 2011
From DTCI
Defense Trial Counsel of Indiana's Dave DeMoss discusses the impact of technology and how it has created opportunities for attorneys.
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DTCI: Insurance 'Bad faith setup'

March 30, 2011
From DTCI
Dealing with the practicalities.
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Limitation of liability provision enforceable

March 16, 2011
David Temple
On March 2, 2011, the federal district court in Indianapolis issued a rather innocuous and unassuming opinion in SAMS Hotel Group, LLC v. Environs, Inc. (S.D. Ind. 2011), No. 1:09-CV-00930-TWP-TAB. However, its ramifications may be far-reaching and are surely welcomed by design professionals working on projects in Indiana.
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DTCI: Retaliation by association on the rise

March 2, 2011
From DTCI
On Jan. 24, 2011, the U.S. Supreme Court issued its opinion in Thompson v. North American Stainless, LP, 131 S. Ct. 863 (Jan. 24, 2011).
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2011 DTCI Rookie Seminar

March 2, 2011
From DTCI
The Defense Trial Counsel of Indiana will hold its Rookie Seminar on April 15, 2011, at The Montage at Allison Pointe. 8.0 credits (including 1.0 ethics) have been requested.
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Why join DTCI?

March 2, 2011
From DTCI

Why join DTCI?

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DTCI: Is the notion of a 'happy lawyer' an oxymoron?

February 16, 2011
Michele Bryant
A “happy lawyer” – do you know any such creature? By coincidence (or maybe not), two recent but random events caused me to consider this question, of all things, in the middle of this long winter season.
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DTCI: Well and truly tried

February 2, 2011
From DTCI
They picked me. What were they thinking?
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DTCI Kudos

February 2, 2011
From DTCI
Kudos from Feb. 2, 2011.
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DTCI: Kyrouac looking forward to 2011

January 19, 2011
Scott Kyrouac
Defense Trial Counsel of Indiana President Scott M. Kyrouac outlines his goals for 2011.
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DTCI: Meet your 2011 Board of Directors

January 5, 2011
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, 2011.
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DTCI to promote civility, opposing 'anti-lawyer' sentiments

December 22, 2010
Michael Hoskins
Terre Haute attorney Scott M. Kyrouac wants to advance civility between plaintiffs and defense lawyers, and plans to advocate against “anti-lawyer legislation” that may be lodged against the legal community.
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DTCI amicus makes impact in 2010

December 22, 2010
From DTCI
Although 2010 did not have the fireworks of the 2009 medical write-off cases, Defense Trial Counsel of Indiana has participated as amicus in several significant legal issues affecting the defense bar.
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17th Annual DTCI Conference & Meeting

December 8, 2010
From DTCI
The Defense Trial Counsel of Indiana named its 2011 officers and new directors at its Seventeenth Annual Conference and Annual Meeting in Michigan City November 18-19.
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DTCI: Medical Negligence vs. Premises Liability

November 24, 2010
From DTCI
When a patient is harmed during a medical procedure, a patient may elect to file a medical negligence claim against his physician and the health care facility in which the procedure occurred. However, when a patient is harmed during a hospitalization, should the claim still be pursued as one of medical negligence or is it more appropriately a premises liability claim?
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DTCI: Indiana's New Pattern Jury Instructions in Products Liability Cases

November 10, 2010
From DTCI
There has been great debate in the Indiana legal community about the recent changes to Indiana’s Model Jury Instructions that were revised to be written in plain English.
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DTCI: Be a good lawyer, but also be a good mentor

November 10, 2010
From DTCI
Libby Valos Moss lists what she has learned over the years in striving to be a good mentor.
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DTCI: Take time to smell flowers along the way

October 27, 2010
Jeffrey Crabill
When the name Rabb Emison comes to my mind, I immediately think of the word “great.”
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DTCI: Insurance policies' notice provision

October 13, 2010
From DTCI
A number of recent Indiana cases have addressed the provision found in nearly all insurance policies that requires an insured to provide its insurer with prompt notice of a claim.
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DTCI Kudos

October 13, 2010
From DTCI
Lloyd H. Milliken, Jr., (past president) and Randall R. Riggs, partners in Frost Brown Todd, who were recognized in the September/October 2010 Super Lawyers® Corporate Counsel Edition.

John C. Trimble (past president), partner in Lewis Wagner, who has been appointed chair of the Public Policy Committee of DRI.

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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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