Defense Trial Counsel of Indiana

DTCI: Indiana’s Uniform Security Act: An introduction

August 24, 2016
Jason Massaro
This article will give the reader some insight as to when the Indiana Uniform Security Act may come into play. This article is not meant to cover all IUSA’s applications, defenses or interplay with federal law.
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DTCI: Young Lawyer Mixers—a Hit!

August 24, 2016
From DTCI
DTCI Young Lawyer regional mixers were enthusiastically received in Merrillville and Evansville in July.
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DTCI: Awards Nominations Invited

August 24, 2016
From DTCI
The Defense Trial Counsel’s Annual Meeting will be held Nov. 17-18 in Fort Wayne. 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: Want to stop the lawyer jokes? Change the perception

August 10, 2016
Matthew King
It troubles me when our profession is reduced to jokes. If the public perception of lawyers perpetuates the jokes and negative portrayals, and if those jokes and portrayals bother us, what can we do to change the public perception?
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DTCI: Of stare decisis, dissents, and asbestos litigation

July 27, 2016
This article examines the role stare decisis played in deciding personal injury cases stemming from asbestos.
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DTCI: Recovery of workers’ comp liens in third-party actions

July 13, 2016
From DTCI
An overview of the statutory rights of an employer/carrier to recover on such liens is often a good refresher since many attorneys tend to overlook this important aspect when seeking to settle their liability cases.
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DTCI: Women in the Law Division hosts events

June 29, 2016
From DTCI
Attorneys and sponsors joined with about 25 other attorneys at McCormick & Schmick’s in Indianapolis for a networking mixer on June 8.
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DTCI: Consequences of silence

June 29, 2016
From DTCI
What civil litigators should know before a client “takes the Fifth.”
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DTCI: Experience New England in the fall with defense colleagues

June 15, 2016
Renee Mortimer
My dear defense lawyer colleagues, it is time to plan to attend the Defense Research Institute 2016 Annual Meeting!
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DTCI: Termination for convenience, remedies and good faith

June 1, 2016
From DTCI
Because termination for convenience is such a significant event, it is important for owners and contractors to fully understand the significance and effect of the termination for convenience clause, before execution of the contract.
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DTCI: A baby boomer responds to the millennial generation

May 18, 2016
Kevin Tyra
Let's put this in a little intergenerational perspective. Many boomers don't think millennials are sufficiently committed to their jobs and their futures with their employers. To whatever extent boomers are "disappointed" in millennials, that is a fraction of the disappointment, generally speaking, the Greatest Generation (the boomers' parents) had in so many young boomers about 40-50 years ago.
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DTCI: A protracted push and pull

May 4, 2016
From DTCI
The Indiana Supreme Court’s history with asbestos litigation and its statute of repose.
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DTCI:10 tips to maximize contract effectiveness, enforcement

April 20, 2016
Eager to consummate the deal, contracting parties often rush the negotiation process and end up with a written document that does not clearly explain the agreement or define the parties’ respective obligations.
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Author! Author!

April 6, 2016
From DTCI
The board of editors invites ideas for topics and authors for articles for Volume XIII of the DTCI Indiana Civil Litigation Review.
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Reducing discovery costs in employment cases

April 6, 2016
From DTCI
While we can hope that the new federal policy restricting discovery will succeed, the last 80 years provide few reasons for optimism.
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DTCI: Senate obstruction on appointments harms entire judiciary

March 23, 2016
From DTCI
Since the Republicans took control of the Senate after the 2014 elections, the Obama administration has made only one judicial appointment as Republican senators have refused to sign off ahead of time on nominees for judgeships in their states. This is in stark contrast to President Obama’s predecessors since Ronald Reagan who also faced a Senate controlled by the opposing party, yet appointed between 10-18 appellate judges in their last two years in office.
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DTCI: Bridging the generational gap

March 9, 2016
From DTCI
The issue of “dealing with millennials” isn’t just a hot topic; it is a real issue facing the legal industry that not only warrants our collective attention, regardless of our age group, but also deserves an honest conversation.
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DTCI: March Membership Madness

March 9, 2016
From DTCI
Sure it’s madness, but DTCI is pulling out the stops to encourage current members to sponsor other defense attorneys as NEW DTCI members.
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DTCI: Oral argument: your brief’s critical supplement

March 9, 2016
From DTCI
United States Supreme Court Justice William Rehnquist, considering the relationship between brief writing and oral argument, likened the former to a movie preview and the latter to the movie itself.
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DTCI: Rights of refusal and ‘cooling-off periods’

February 24, 2016
Jason Massaro
I find myself often representing companies that are subject to all sorts of tangential laws that they must know about and adhere to. Many times these laws require certain notice requirements to the clients with whom my clients do business.
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DTCI: Indiana Court of Appeals establishes third-party duty of care under CPA

February 10, 2016
From DTCI
On Dec. 31, 2015, the Indiana Court of Appeals issued a ruling in Collip v. Ratts, 49A05-1501-CT-1, 2015 WL 9589777 (Ind. Ct. App. Dec. 31, 2015). The underlying facts show that on March 30, 2009, one of a nurse practitioner’s patients, Robert Ratts, died as a partial result of mixed drug intoxication.
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DTCI: 'It ain't whatcha write, it's the way atcha write it'

February 10, 2016
From DTCIMore

DTCI: ‘Making a Murderer’ influences perception of judiciary

January 27, 2016
Producers of “Making a Murderer” and other true-crime stories have the ability to influence the public’s perception of an individual’s guilt or innocence, as well as the actions of the attorneys involved, well after a verdict is reached and regardless of the evidence presented in the courtroom.
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Meet the 2016 DTCI board of directors

January 13, 2016
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, 2016.
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DTCI: Where have all the jury trials gone?

December 30, 2015
Conceptually, attorneys (and especially perhaps members of organizations like DTCI and ITLA) embrace as inviolate the right to trial by jury. We cite the concept both as a goal and as the bedrock of our existence – and sometimes in responses opposing summary judgment motions. But the Indiana Supreme Court “2014 Indiana Judicial Service Report, Vol I: Judicial Year in Review” caused me to look more closely at how that right is being exercised as a practical matter.
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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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