Defense Trial Counsel of Indiana

DTCI: The Affordable Care Act and medical malpractice claims

September 10, 2014
From DTCI
How will the law affect medical malpractice claims in Indiana?
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DTCI: Award nominations invited

September 10, 2014
From DTCI
The Defense Trial Counsel’s Annual Meeting will be held Nov. 20 - 21 at French Lick Resort. One of the highlights of the meeting is the presentation of the Defense Lawyer of the Year, the Diplomat of the Indiana Defense Trial Counsel, and the Outstanding Young Lawyer awards.
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DTCI: Playing by the rules

August 27, 2014
From DTCI
Christopher Lee uses a popular board game to teach his children about democracy and the rule of law.
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DTCI: The sleeping giant - Indiana’s Deceptive Consumer Sales Act

August 13, 2014
Jason Massaro
Indiana’s Deceptive Consumer Sales Act, I.C. 24-5-0.5 et seq., is a fairly complicated statute clothed in relative obscurity. The DCSA’s complexity is due partly to the way it is written, its scope, and the numerous cross-references to other conduct and statutes that fall within its purview. This article will introduce the statute, discuss its uses, implications, and its application to various types of transactions.
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DTCI: Paralegal summer social

August 13, 2014
From DTCI
The DTCI Paralegal Section Summer Social was held July 17 at The Slippery Noodle Inn in Indianapolis. Twenty current and prospective members of the section attended to hear DTCI director Kevin Tyra speak – and to take advantage of the complimentary refreshments offered by the event sponsor, Connor Reporting.
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DTCI: North Central Region Trial Academy

August 13, 2014
From DTCI
Need to enhance your skills as a litigator? Searching for a good trial advocacy seminar? If so, be sure to register today for the 2014 North Central Region Trial Academy! The academy is the only in-depth trial tactics seminar in Illinois, Indiana and Wisconsin designed by defense attorneys for defense attorneys.
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DTCI: Mentoring – taking care of lawyering business

July 30, 2014
Cynthia Muse
Guess what? Unless you keep your office door closed, don’t talk on the telephone and don’t use email/Facebook/Twitter, you mentor every working day.
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DTCI: Independent contractors under the Worker’s Compensation Act

July 16, 2014
From DTCI
Independent contractors are usually excluded from coverage under the Indiana Worker’s Compensation Act. Accordingly, an individual’s status as an independent contractor may serve as a defense to an otherwise compensable claim. While this general principle – that independent contractors are not covered by the Act – seems simple enough, the provisions of the Act addressing independent contractors can give rise to some complex legal and factual issues.
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DTCI: Awards nominations invited

July 16, 2014
From DTCI
The Defense Trial Counsel’s Annual Meeting will be held Nov. 20-21 at French Lick Resort. One of the highlights of the meeting is the presentation of the Defense Lawyer of the Year, the Diplomat of the Indiana Defense Trial Counsel, and the Outstanding Young Lawyer awards.
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DTCI: Would you choose to be a lawyer if you had a do-over?

July 2, 2014
Renee Mortimer
“If you could do it all over again, would you still be a lawyer?” Anyone reading this has probably been asked the question. I myself cannot think of anything else that I would do, and of course, my answer is “Yes!”
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DTCI: Attorney-expert communications

June 18, 2014
From DTCI
When you assist and prepare an expert witness and ask him to formulate his opinion, you may wonder whether your oral and written communications with the expert will be discoverable. Being required to disclose such communications in discovery depends on whether your case is in federal or state court since the federal and Indiana rules currently differ as to what is protected.
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DTCI: Author! Author!

June 18, 2014
From DTCI
Volume XI of the DTCI Indiana Civil Litigation Review is now in the planning stages. The board of editors is seeking ideas and authors for articles for Volume XI, deadline September 2014.
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DTCI: Young attorneys should rely on their own devices at work

June 4, 2014
Kevin Tyra

To the extent practicable, young attorneys should rely on their own devices to determine what needs to be done, and how to do it, rather than expect the more senior attorney to spell it out for them.

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DTCI: Public works statute tested

May 21, 2014
From DTCI
Publicly funded construction projects in Indiana have long been governed by statutes that set forth the procedures by which certain public entities must select the contractors performing the work.
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DTCI Women in the Law launch and lunch

May 21, 2014
From DTCI
On April 17, 2014, more than 60 female defense attorneys attended the kick-off luncheon for DTCI’s newest committee: Women in the Law.
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DTCI: Invest in yourself to build practice and reputation

May 7, 2014
From DTCI
We have all noticed that there are a lot of lawyers. On top of that, there are a lot of lawyers with less work than they would like. Lawyering is a business and is controlled by traditional rules of commerce: supply, demand, pricing, quality, branding. Lawyers are the product. They are the brand.
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DTCI: Mediation for defense lawyers

April 23, 2014
From DTCI
Patrick Reilly writes to help defense lawyers develop strategies to achieving the best possible results in selecting, conducting and winning mediations.
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DTCI: Kick off your heels with the new Women in the Law Division

April 9, 2014
From DTCI
While there is no right or wrong answer, mentoring and networking can go a long way in helping women feel like they are not alone in their personal and professional lives. DTCI wants to make this even easier by expanding the available network of strong and successful women lawyers. DTCI has created the Women in the Law Division.
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DTCI: You get what you pay for

March 26, 2014
From DTCI
Why unnamed insureds have no right to bring bad-faith claims.
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DTCI: Women In The Law

March 26, 2014
Join us April 17 for lunch at Osteria Pronto at the JW Marriott at 11 a.m. for the launch of the DTCI Women in the Law Section.
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DTCI: What happened to practicing ‘civil’ litigation?

March 12, 2014
From DTCI
It is unusual to open a lawyers’ magazine without seeing an article about civility. What happened to “civil” litigation? It must be like the weather – a lot of people are writing about it, but no one seems to be doing anything about it.
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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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  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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