Defense Trial Counsel of Indiana

DTCI: Calling corporate counsel! Join your defense colleagues

November 2, 2016
Kevin Tyra
While the roles of defense trial counsel (particularly “outside” counsel or panel counsel in the law firm setting) and corporate and in-house counsel are often different, we have much in common.
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DTCI: Some lessons learned while on the DTCI board

October 5, 2016
Jamie Oss
Since I am soon leaving the DTCI board of directors and moving on to the ISBA Board of Governors, I thought that I would share a few lessons that I have learned over the years, both on the board and off, as my last director’s column.
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DTCI: Business associate classification and HIPAA liability for lawyers

September 21, 2016
From DTCI
Jarrod Malone writes about the impact of the business associate classification on lawyers and law firms.
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DTCI: North Central Region Trial Academy

September 21, 2016
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 2016 North Central Region Trial Academy!
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DTCI: Women in the Law Division

September 21, 2016
From DTCI
An Interview With Chief Justice Loretta Rush
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DTCI: Trifecta!

September 21, 2016
From DTCI
Insurance Coverage - Judges' Roundtable - Beer Tasting
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DTCI: The need for federal anti-SLAPP legislation is great

September 7, 2016
Christopher Lee
Whether it is The Speak Free Act or some other federal legislation, there appears to be a growing consensus that a federal uniform anti-SLAPP statute will eventually be enacted.
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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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  1. He TIL team,please zap this comment too since it was merely marking a scammer and not reflecting on the story. Thanks, happy Monday, keep up the fine work.

  2. You just need my social security number sent to your Gmail account to process then loan, right? Beware scammers indeed.

  3. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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