Defense Trial Counsel of Indiana

DTCI: Rescission of insurance policies

October 10, 2012
How do insurers effectively rescind insurance policies?
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DTCI: Trimble named Insurance Lawyer of the Year

October 10, 2012
From DTCI
John C. Trimble, partner at Lewis Wagner and former president of the DTCI, has been named 2013 Indianapolis Insurance Law Lawyer of the Year by Best Lawyers.
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DTCI: 'Queen bee syndrome' in the workplace – true or false?

September 26, 2012
If you are a woman trying to make it to the top of a law firm, can you expect a higher-ranking female attorney to take you under her wing? Do you need to undermine other women in order to advance or treat other women as threats?
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DTCI conference November 15-16

September 12, 2012
From DTCI
Join your colleagues at the Abe Martin Lodge inside Brown County State Park for a casual but informative two-day seminar. Bring your family and enjoy the park activities, including the indoor water park. 13.5 hours CLE credit (2.0 hours ethics) pending
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DTCI: Negligent infliction of emotional distress

September 12, 2012
There are few torts that have been subject to more expansion and modification in the last 20 years than negligent infliction of emotional distress.
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DTCI: Throw your cell phone into the spaghetti bowl

August 29, 2012
From DTCI
James Strenski writes about why lawyers need to get away from their cell phones occasionally.
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DTCI: Representing minority shareholders

August 15, 2012
Jason Massaro
Jason Massaro writes about Indiana's Corporations Law and Judicial Order of Inspection.
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DTCI: Awards nominations invited

August 15, 2012
From DTCI
The Defense Trial Counsel’s annual meeting will be held Nov. 15-16. 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: North Central Region Trial Academy Sept. 28-29

August 15, 2012
From DTCI
The Trial Academy is the only trial technique seminar in Illinois, Indiana and Wisconsin specifically designed for the defense lawyer. Each student is videotaped while conducting part of the trial, and each receives a copy of that videotape upon conclusion of the Trial Academy.
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DTCI: The DRI annual meeting will be big fun in the Big Easy

August 1, 2012
Thomas Schultz
The 2012 DRI Annual Meeting will return to the Crescent City – New Orleans, La., – Oct. 24-28. For those of you who have had the pleasure of attending prior annual meetings in New Orleans, you will understand what a great time is in store for all attendees.
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DTCI: Workers' comp caselaw reviews

July 18, 2012
From DTCI
Ann Stewart and Karen Dutcher write about workers' compensation rulings from the last six months.
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DTCI: Note from the defense - Stop the 'unnecessary roughness'

July 4, 2012
From DTCI
While I am sure this writing could be deemed just another one that promotes civility, and while I am sure that there is a long list of ethical rules that promote that, too, I cite none here. I simply say this: Stop the (to use a football phrase) “unnecessary roughness.” I am hereby throwing a “flag on the play.”
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Kudos to DTCI members

June 20, 2012
From DTCI
Accolades for DTCI members.
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DTCI: The science of opening statements

June 20, 2012
Elliott Pinkie and Bill Kanasky write about persuasion through the use of primary and recency effects.
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DTCI: Protection of drug and alcohol treatment records

June 6, 2012
Lawyers representing plaintiffs and defendants in civil tort actions will eventually be challenged with protecting their client’s alcohol and drug treatment records from disclosure.
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Courting civility

June 6, 2012
Dave Stafford
The Indiana Trial Lawyers Association joined with the Defense Trial Counsel of Indiana to promote courtesy among adversaries. The two held a seminar on civility at Indiana University Robert H. McKinney School of Law.
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DTCI: Opinion clarifies construction manager liability on job sites

May 23, 2012
In its recent opinion in the case of Hunt Construction Group, Inc. v. Garrett, No. 49S02-1106-CT-365 (Ind. 2012), the Indiana Supreme Court provided some needed clarity concerning liability of construction managers for injuries suffered by employees of contractors on a construction site.
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DTCI: Take a moment to breathe before hitting 'send'

May 9, 2012
Robert Thornburg writes about civility among the legal profession.
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DTCI: Admission of subsequent remedial measures

April 25, 2012
A procedural or substantive concern in a strict liability action?
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DTCI: To 4G or not to 4G, that is the question

April 25, 2012
From DTCI
Kori McOmber writes about the various apps one can use on the iPad to help with practicing law.
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DTCI: DTCI and ITLA join forces to encourage civility

April 11, 2012
The Defense Trial Counsel of Indiana and the Indiana Trial Lawyers Association have joined to present a seminar on civility at the Indiana University Robert H. McKinney School of Law on May 24 titled “Two Parties…One Oath – A Conversation on Civility.”
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DTCI: Errata sheets and the deposition hallows

March 28, 2012
From DTCI
Certainly, a deposition can be a powerful tool. But what if the completed deposition transcript is delivered to the examining attorney along with an errata sheet that substantively alters material deposition responses?
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DTCI: Disabilities by association

February 29, 2012
Nondisabled employees bringing claims following law changes in 2008.
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Why Join DTCI?

February 29, 2012
From DTCI
DTCI gives readers nine reasons to join the organization.
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DTCI: North Central Region Trial Academy

February 29, 2012
From DTCI
The Trial Academy is the only trial technique seminar in Illinois, Indiana and Wisconsin specifically designed for the defense lawyer.
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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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