Defense Trial Counsel of Indiana

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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DTCI: Synopsis of House Enrolled Act 1320

July 17, 2013
From DTCI
The workers’ compensation reform legislation, effective July 1, 2013, not only increases benefit amounts to injured workers, but also, most notably, imposes a fee schedule for the reimbursement of medical service facilities based upon Medicare’s reimbursement rates.
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DTCI: Thanks and welcome …

June 19, 2013
From DTCI
The thanks of the entire DTCI go to the current members of the board of editors of the Indiana Civil Litigation Review. Through their efforts, the Review is a publication of which we may all be proud.
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DTCI: Managing the mass-tort case

June 19, 2013
From DTCI
Consolidation, liaison counsel, electronic service and other helpful tools
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DTCI: Perception and psychology shape interactions

June 5, 2013
Kevin Tyra
Kevin Tyra takes a look at how how perception and psychology shape interactions in general, and interactions among adverse lawyers in particular.
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DTCI: Getting Paid on a Construction Project

May 22, 2013
From DTCI
The latest on contingent payment clauses.
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DTCI: As attorneys, conflict is our business

May 8, 2013
From DTCI
This is not a call for more “civility.” To be candid, I have heard that so many times from so many people that it has lost all significance to me.
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DTCI: FMLA Update

April 24, 2013
From DTCI
Pre-Eligibility Request for Post-Eligibility Leave May Be Protected
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DTCI: Make No Bones About It

April 24, 2013
From DTCI
Defending Product Liability Claims Involving Food Products
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DTCI: Rookie seminar will take defense practice to new levels

April 10, 2013
From DTCI
Are you ready to learn what you really need to know to practice defense law? Well, the DTCI is ready to teach you!
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DTCI: The Examination Under Oath

March 27, 2013
What It Is . . . and What It’s Not.
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DTCI: Early mentors influenced me as an attorney

March 13, 2013
From DTCI
How did I turn out like this? After practicing law for 32 years, I decided it was time to look back and examine the reasons that I behave certain ways.
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Lawyers worry about impact of court decision on premises liability

February 27, 2013
Dave Stafford
The fatal shooting of a guest in a Speedway motel by a former employee and the resulting civil litigation leaves the Indiana Supreme Court to decide whether arguments of common law or a 1980s statute governs the premises owner’s degree of liability. Trial and defense lawyers are paying keen attention.
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DTCI: Reflections of a rookie trial lawyer

February 27, 2013
From DTCI
The anti-curmudgeon's guide to practicing law.
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DTCI: New Medicare reimbursement and reporting law

February 27, 2013
From DTCI
On January 10, 2013, President Barack Obama signed into law the Strengthening Medicare and Repaying Taxpayers Act of 2012 (“SMART Act”). When finally implemented, the SMART Act should streamline settlement negotiations and provide more certainty to settlements involving Medicare beneficiaries.
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DTCI: Mediation confidentiality

February 27, 2013
Scott Kyrouac
The Indiana Supreme Court in Dennis Jack Horner v. Marcia (Horner) Carter, 34S02-1210-DR-582, corrected the Indiana Court of Appeals opinion that the confidentiality of mediation can be broken.
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DTCI: Beware of overly broad media policies

February 27, 2013
From DTCI
The National Labor Relations Board continues to be very active in evaluating employee handbook provisions that may affect the rights of union and nonunion employees to engage in protected, concerted activity under Section 7 of the National Labor Relations Act.
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DTCI: Premises liability for the criminal acts of others

February 13, 2013
From DTCI
Indiana premises liability jurisprudence may be changing. If it does, being a business owner in Indiana will be increasingly risky. Not a risk premised on how good the business person may be, but premised on whether a crime will occur at the business and harm a customer, visitor or guest.
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DTCI: Tort prejudgment interest statutes

January 30, 2013
From DTCI
William Ramsey writes about open issues after the Supreme Court’s recent decisions.
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DTCI: Volume IX of the DTCI Indiana Civil Litigation Review is now in production

January 30, 2013
From DTCI
The board of editors is seeking ideas and authors for articles for Volume X, deadline October 2013.
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Looking forward: DTCI and the insurance industry

January 16, 2013
From DTCI
When I look to the future, I see storm clouds gathering on the horizon because one of the industries our defense counsel represents has chosen a course that will ultimately cause damage to itself in the future.
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DTCI: Meet your 2013 Board of Directors

January 2, 2013
From DTCI
Read more about the DTCI's new board of directors.
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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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