Defense Trial Counsel of Indiana

DTCI: Anchors away! Navigate to the DRI annual meeting

August 4, 2010
Thomas Schultz
Have you ever considered what it would be like to stand aboard an aircraft carrier? Have you ever wanted to meet and learn from a Navy Seal who survived on his own behind enemy lines in Afghanistan?
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DTCI: Worker's comp liens in third-party suits

July 21, 2010
From DTCI
On May 27, 2010, the Indiana Supreme Court issued a decision that has affected the manner in which worker’s compensation liens are handled in third-party litigation.
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DTCI: Awards nominations invited

July 21, 2010
From DTCI
The DTCI’s Awards Committee is now receiving nominations for the 2010 awards.
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DTCI: Kudos

July 21, 2010
From DTCI
Patricia Polis McCrory was chosen the president-elect to the Kiwanis Club of Indianapolis.
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DTCI: Results from June golf tourney

July 21, 2010
From DTCI
Congratulations to the top two teams from the DTCI-Phenix Investigations annual golf outing.
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DTCI: Practicing law can be gratifying, even in summertime

July 7, 2010
Misha Rabinowitch
Recently, in a moment of self-reflection, I found myself thinking about what I find gratifying about practicing law.
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DTCI: What I really meant to say. . .

June 23, 2010
Audra Ferguson-Allen
The Seventh Circuit and the Indiana district courts have disallowed the “take home exam” theory of errata sheets, which can be particularly troublesome at the summary judgment stage.
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DTCI: Indiana Civil Litigation Review

June 23, 2010
From DTCI
The next issue of the Indiana Civil Litigation Review will be on members’ desks in a few weeks.
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Articles about pending cases raise concernsRestricted Content

June 9, 2010
Michael Hoskins
At least two attorneys are questioning how some legal publications have included articles, columns, or other types of coverage on pending cases, and they worry that these articles may influence the judges on the cases.
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DTCI: The broad scope of MDA preemption

June 9, 2010
John Twohy
In a series of decisions culminating in Riegel v. Medtronic, Inc.,  federal courts came to recognize that the Medial Device Amendments preempted not only traditional products liability claims such as those based on an alleged defect or implied warranty but also causes of action premised on theories such as consumer fraud.
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DTCI: Effective risk transfer in a contract

May 26, 2010
Lewis Wooton
For nearly every major construction project, a construction contract is entered into before construction begins. In almost all of those contracts, provisions are made for the transfer of risk.
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DTCI: Decisons encourage comparative fault arguments

May 12, 2010
Kevin Tyra
As Jerry Padgett and I discussed in our commentary, “Causation as a case-dispositive issue” (Indiana Lawyer, Oct. 14, 2009), the Indiana Court of Appeals has held in favor of summary judgment for defendants in instances in which the plaintiff’s negligence clearly intervened whatever fault may have been assigned to the defendant.
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DTCI: Testifying physicians must provide written reports for opinions

April 28, 2010
Matthew King
Why must a defendant wait until the deposition of a plaintiff's treating physician to discover the doctor's opinions on injury causation, the plaintiff's prognosis, or the permanency of the plaintiff's injury?
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DTCI: Potential Issues for Excess Insurers in Long Term Environmental Contamination Cases

March 31, 2010
James Boyers, Matthew Trainor
Declaratory judgment actions in which policyholders seek insurance coverage for historical environmental contamination under comprehensive general liability policies, umbrella insurance policies, and/or excess insurance policies present complex legal, factual, and scientific issues to defense practitioners. Often, the alleged contamination at issue took place over decades. These cases usually involve layers of policies offering potential coverage and significant uncertainty regarding the potential scope of remediation costs.
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Defense Trial Counsel of Indiana: Don't use cell phone while driving!

March 17, 2010
David Temple
OK, the information you are about to read may save your life! Yes, that is correct, and your families, colleagues, and even your clients will thank you for reading this article.
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Court considers broadening emotional distress 'Bystander Rule'Restricted Content

February 3, 2010
Rebecca Berfanger
Parties are waiting for the Supreme Court's decision following arguments in November in a case where a trial court granted and the Court of Appeals affirmed an award for emotional distress above and beyond the capped amount in the Adult Wrongful Death Statute as defined by Indiana Code 34-23-1-2.
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DTCI: Intentional infliction of emotional distress

February 3, 2010
Belinda Johnson-Hurtado
The tort of intentional infliction of emotional distress ("IIED") arises when a defendant (1) engages in "extreme and outrageous" conduct that (2) intentionally or recklessly (3) causes (4) sever emotional distress to another.
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  1. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  2. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  3. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

  4. My daughter was married less than a week and her new hubbys picture was on tv for drugs and now I havent't seen my granddaughters since st patricks day. when my daughter left her marriage from her childrens Father she lived with me with my grand daughters and that was ok but I called her on the new hubby who is in jail and said didn't want this around my grandkids not unreasonable request and I get shut out for her mistake

  5. From the perspective of a practicing attorney, it sounds like this masters degree in law for non-attorneys will be useless to anyone who gets it. "However, Ted Waggoner, chair of the ISBA’s Legal Education Conclave, sees the potential for the degree program to actually help attorneys do their jobs better. He pointed to his practice at Peterson Waggoner & Perkins LLP in Rochester and how some clients ask their attorneys to do work, such as filling out insurance forms, that they could do themselves. Waggoner believes the individuals with the legal master’s degrees could do the routine, mundane business thus freeing the lawyers to do the substantive legal work." That is simply insulting to suggest that someone with a masters degree would work in a role that is subpar to even an administrative assistant. Even someone with just a certificate or associate's degree in paralegal studies would be overqualified to sit around helping clients fill out forms. Anyone who has a business background that they think would be enhanced by having a legal background will just go to law school, or get an MBA (which typically includes a business law class that gives a generic, broad overview of legal concepts). No business-savvy person would ever seriously consider this ridiculous master of law for non-lawyers degree. It reeks of desperation. The only people I see getting it are the ones who did not get into law school, who see the degree as something to add to their transcript in hopes of getting into a JD program down the road.

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