Defense Trial Counsel of Indiana

DTCI: The aftermath of the Supreme Court’s ruling on DOMA

February 26, 2014
From DTCI
In June 2013, the United States Supreme Court ruled that the federal Defense of Marriage Act, which defines marriage as a union between one man and one woman, is unconstitutional. In essence, the court held that the Act denied same-sex couples the “equal liberty” guaranteed by the Fifth Amendment. This decision has far broader impact than just the scope of the estate-tax issues raised in the case, and employers and benefit providers should be aware of the impact and aftermath of this ruling.
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DTCI: Indiana Civil Litigation Review

February 26, 2014
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: February Kudos

February 26, 2014
From DTCI
News from DTCI members.
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DTCI: 'Caring for' family under FMLA

February 12, 2014

What happens when a family member is diagnosed with a terminal illness and begins the somber review of their bucket list, noticing that a trip to Las Vegas is still unchecked? Would taking time to accompany and care for that family member be included in the definition of caring for under the FMLA?

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DTCI: Discovery of the facts behind settlement documentaries

January 29, 2014
From DTCI
With increasing frequency, plaintiffs’ attorneys are using settlement “documentary” videos before and during mediation in catastrophic cases. Utilizing the format of a tabloid television news program, these “documentaries” address problematic liability and damages issues in a light that is often unreasonably favorable to the injured party.
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DTCI: Did you miss this? Kudos, News & Blogs

January 29, 2014
From DTCI
News from around DTCI.
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DTCI: Johnson at regional DRI meeting

January 29, 2014
From DTCI
Jim Johnson, president of DTCI, attended the 2014 DRI North Central Regional Meeting held in Fort Myers earlier this month.
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DTCI: Meet your 2014 Board of Directors

January 1, 2014
From DTCI
At the November annual meeting of the Defense Trial Counsel of Indiana, the following officers and directors were elected. They assumed office Jan. 1, 2014.
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Southern Indiana commercial litigator to assume top spot in DTCI

December 18, 2013
Marilyn Odendahl
Evansville attorney Jim Johnson always wanted to be a lawyer, but he did not always want to be a leader.
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2013 DTCI amicus report

December 18, 2013
From DTCI
In 2013, the Defense Trial Counsel of Indiana’s Amicus Committee participated in a number of interesting appeals.
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DTCI sponsors American Cancer Society Discovery Ball

December 18, 2013
IL Staff
The Defense Trial Counsel of Indiana was a proud sponsor of the American Cancer Society Discovery Ball Nov. 15 through its Joan Fullam Irick Memorial Fund.
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DTCI celebrates its 20th annual conference at Blue Chip Casino

December 4, 2013
From DTCI
Defense attorneys gathered from every corner of Indiana to attend the 20th Annual Conference & Meeting at the Blue Chip Casino in Michigan City on Nov. 21-22.
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DTCI: Don’t miss the 2013 annual meeting in Michigan City

November 20, 2013
From DTCI
This year the DTCI Annual Meeting will be held at the Blue Chip Casino in Michigan City. The conference begins at 10 a.m. Thursday, Nov. 21, and continues through 5 p.m. on Friday, Nov. 22. If you have not yet registered to attend, I strongly encourage you to pack your suitcase with casual clothes (and a little extra green for the casino) and head north to get all the CLE you need for the year at one conference for the reasonable price of $299.
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DTCI: What is the proper jury instruction on the state-of-the-art presumption?

November 6, 2013
From DTCI
This is a bait-and-switch article. It applies to instructing the jury on the continuing effect of rebuttable presumptions in all civil cases. It just so happens that one of the best examples is the presumption of no liability under Indiana’s Product Liability Act. That presumption is broader than just the state-of-the-art defense.
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DTCI: Trimble receives ISBA Presidential Citation

November 6, 2013
From DTCI
John C. Trimble, former president of DTCI, was honored with a Presidential Citation by the Indiana State Bar Association for his exceptional contribution to the profession of law and the residents of Indiana.
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DTCI: Can women in the legal profession really beat the odds?

October 23, 2013
From DTCI
Research has shown that the greatest barrier to advancement for women attorneys is the work-family conflict.
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DTCI award recipients named

October 9, 2013
From DTCI
Congratulations to DTCI's award winners!
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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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  3. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  4. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

  5. Banana.Republic

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