Defense Trial Counsel of Indiana

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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DTCI award recipients named

November 7, 2012
From DTCI
During its Annual Meeting Nov. 15-16, the DTCI will recognize the outstanding defense lawyers of 2012.
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DTCI: take the time to appreciate life's moments

October 24, 2012
Michele Bryant
I cannot imagine any professionals more obsessed with time than lawyers. While a great debate still rages as to whether the billable hour is dead, the fact remains that many lawyers continue to measure services to clients by a unit of time: the billable hour.
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DTCI: Rescission of insurance policies

October 10, 2012
How do insurers effectively rescind insurance policies?
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DTCI: Trimble named Insurance Lawyer of the Year

October 10, 2012
From DTCI
John C. Trimble, partner at Lewis Wagner and former president of the DTCI, has been named 2013 Indianapolis Insurance Law Lawyer of the Year by Best Lawyers.
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  1. Falk said “At this point, at this minute, we’ll savor this particular victory.” “It certainly is a historic week on this front,” Cockrum said. “What a delight ... “Happy Independence Day to the women of the state of Indiana,” WOW. So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)

  2. congratulations on such balanced journalism; I also love how fetus disposal affects women's health protection, as covered by Roe...

  3. It truly sickens me every time a case is compared to mine. The Indiana Supreme Court upheld my convictions based on a finding of “hidden threats.” The term “hidden threat” never appeared until the opinion in Brewington so I had no way of knowing I was on trial for making hidden threats because Dearborn County Prosecutor F Aaron Negangard argued the First Amendment didn't protect lies. Negangard convened a grand jury to investigate me for making “over the top” and “unsubstantiated” statements about court officials, not hidden threats of violence. My indictments and convictions were so vague, the Indiana Court of Appeals made no mention of hidden threats when they upheld my convictions. Despite my public defender’s closing arguments stating he was unsure of exactly what conduct the prosecution deemed to be unlawful, Rush found that my lawyer’s trial strategy waived my right to the fundamental error of being tried for criminal defamation because my lawyer employed a strategy that attempted to take advantage of Negangard's unconstitutional criminal defamation prosecution against me. Rush’s opinion stated the prosecution argued two grounds for conviction one constitutional and one not, however the constitutional true threat “argument” consistently of only a blanket reading of subsection 1 of the intimidation statute during closing arguments, making it impossible to build any kind of defense. Of course intent was impossible for my attorney to argue because my attorney, Rush County Chief Public Defender Bryan Barrett refused to meet with me prior to trial. The record is littered with examples of where I made my concerns known to the trial judge that I didn’t know the charges against me, I did not have access to evidence, all while my public defender refused to meet with me. Special Judge Brian Hill, from Rush Superior Court, refused to address the issue with my public defender and marched me to trial without access to evidence or an understanding of the indictments against me. Just recently the Indiana Public Access Counselor found that four over four years Judge Hill has erroneously denied access to the grand jury audio from my case, the most likely reason being the transcription of the grand jury proceedings omitted portions of the official audio record. The bottom line is any intimidation case involves an action or statement that is debatably a threat of physical violence. There were no such statements in my case. The Indiana Supreme Court took partial statements I made over a period of 41 months and literally connected them with dots… to give the appearance that the statements were made within the same timeframe and then claimed a person similarly situated would find the statements intimidating while intentionally leaving out surrounding contextual factors. Even holding the similarly situated test was to be used in my case, the prosecution argued that the only intent of my public writings was to subject the “victims” to ridicule and hatred so a similarly situated jury instruction wouldn't even have applied in my case. Chief Justice Rush wrote the opinion while Rush continued to sit on a committee with one of the alleged victims in my trial and one of the judges in my divorce, just as she'd done for the previous 7+ years. All of this information, including the recent PAC opinion against the Dearborn Superior Court II can be found on my blog www.danbrewington.blogspot.com.

  4. 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.

  5. 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!

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