Defense Trial Counsel of Indiana

DTCI: Dreaded v. St. Paul revisited

October 12, 2011
Does an insurer owe coverage, defense and indemnity for costs incurred by the policyholder before notice to the insurer?
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DTCI award recipients named

October 12, 2011
During its 2011 Annual Meeting Nov. 17-18 in French Lick, the DTCI will recognize the outstanding defense lawyers of 2011.
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DTCI Kudos

October 12, 2011
Congratulations to DTCI member Susan E. Cline of Lewis Wagner in Indianapolis upon her being named the Indianapolis Best Lawyers Medical Malpractice Law – Defendants Lawyer of the Year.
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Baeverstad: Does M.D. allow expert to rely on junk science?

September 28, 2011
A patient comes to the hospital and receives twice the amount of thrombolytics ordered by the cardiologist. The thrombolytics have a risk of causing hemorrhagic stroke. Two days later, the patient strokes and dies. The treating cardiologist is of the opinion that the stroke was caused by the excessive dose given to the patient. Does this seem like a “no brainer” on causation?
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DTCI: Admissibility of subsequent product modifications

September 14, 2011
From DTCI
Andrew Palmison writes about Indiana's treatment in a strict liability action.
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Nov. 17-18 DTCI conference speakers

September 14, 2011
From DTCI
Indiana Supreme Court Justice Steven David is the featured speaker at the luncheon Nov. 18.
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DTCI: Photo of car admissible to show lack of injury

August 31, 2011
From DTCI
On Aug. 10, 2011, the Indiana Court of Appeals issued an opinion that addressed for the first time the issue of whether a photograph of vehicle damage is relevant and admissible to assist a jury in determining the extent of bodily injury in a trial arising from a motor vehicle accident.
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DTCI: Defensive litigation and essential steps to corporate protection

August 17, 2011
When asked about the areas of law in which I practice, I say, among others, business law and litigation. Inevitably I am greeted with a curious look and a cocked head similar to a dog that has just heard a strange noise.
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Editorial: DRI annual meeting features blockbuster speakers

August 3, 2011
Thomas Schultz
DRI’s 16th Annual Meeting will be held in Washington, D.C., on Oct. 26 to 30 at the Marriott Wardman Park. DRI’s commitment to provide blockbuster speakers will reach an all-time high at this annual meeting.
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DTCI awards nominations invited

July 20, 2011
From DTCI
The Defense Trial Counsel’s Annual Meeting will be held Nov. 17-18 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: Top 10 issues employers should know about social networking

July 20, 2011
From DTCI
It is likely that most of you reading this article use some form of social media, whether it be for business or personal use.
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DTCI: Summer associates: Find your 'Bill Wooden' mentor

July 6, 2011
Michael Rabinowitch
DTCI member Misha Rabinowitch reflects on his mentor, Bill Wooden.
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DTCI: A refresher in insurance defense client and company reporting

June 22, 2011
Communication is vital to maintaining ethical obligation, professionalism, and civility in client representation.
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DTCI: 'Justification to file' on medical device review

June 8, 2011
From DTCI, John Twohy
A medical device which “presents a potential unreasonable risk of illness or injury” that cannot be alleviated by alternate means such as proper labeling, prohibitions against adulteration, performance standards, or post-market surveillance falls within Class III under the Medical Device Amendments to the Food, Drug and Cosmetic Act.
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DTCI: The anatomy of jobsite accident claims

May 25, 2011
From DTCI
In the unfortunate event of a construction jobsite accident that results in bodily injury or, in the worst-case scenario, a fatality, the resulting claims and litigation can be extremely complex. Construction jobsite accident claims often play out as follows.
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DTCI: Who needs government? Maybe we do!

May 11, 2011
Kevin Tyra
When I got out of bed this morning, a Tea Party activist on the morning news was decrying government intrusion into our lives and our freedom. He seemed to be saying that our lives would be so much better without government getting in our way and getting in the way of businesses trying to make our lives better through the free market system.
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DTCI: New tool in defending defective products

April 27, 2011
From DTCI
The Indiana Supreme Court recently held that a plaintiff’s fault in initially causing an accident may be considered in a crashworthiness case against the car manufacturer.
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DTCI: Pennell receives ADTA President's Award

April 27, 2011
From DTCI
Stephen R. Pennell, former president of DTCI and partner in the Lafayette firm of Stuart & Branigin, received the President’s Award for Outstanding Service to the ADTA at the Association of Defense Trial Attorneys’ annual meeting in Hawaii.
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DTCI: Technology in the practice

April 13, 2011
From DTCI
Defense Trial Counsel of Indiana's Dave DeMoss discusses the impact of technology and how it has created opportunities for attorneys.
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DTCI: Insurance 'Bad faith setup'

March 30, 2011
From DTCI
Dealing with the practicalities.
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Limitation of liability provision enforceable

March 16, 2011
David Temple
On March 2, 2011, the federal district court in Indianapolis issued a rather innocuous and unassuming opinion in SAMS Hotel Group, LLC v. Environs, Inc. (S.D. Ind. 2011), No. 1:09-CV-00930-TWP-TAB. However, its ramifications may be far-reaching and are surely welcomed by design professionals working on projects in Indiana.
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DTCI: Retaliation by association on the rise

March 2, 2011
From DTCI
On Jan. 24, 2011, the U.S. Supreme Court issued its opinion in Thompson v. North American Stainless, LP, 131 S. Ct. 863 (Jan. 24, 2011).
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2011 DTCI Rookie Seminar

March 2, 2011
From DTCI
The Defense Trial Counsel of Indiana will hold its Rookie Seminar on April 15, 2011, at The Montage at Allison Pointe. 8.0 credits (including 1.0 ethics) have been requested.
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Why join DTCI?

March 2, 2011
From DTCI

Why join DTCI?

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DTCI: Is the notion of a 'happy lawyer' an oxymoron?

February 16, 2011
Michele Bryant
A “happy lawyer” – do you know any such creature? By coincidence (or maybe not), two recent but random events caused me to consider this question, of all things, in the middle of this long winter season.
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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