Defense Trial Counsel of Indiana

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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DTCI: Well and truly tried

February 2, 2011
From DTCI
They picked me. What were they thinking?
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DTCI Kudos

February 2, 2011
From DTCI
Kudos from Feb. 2, 2011.
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DTCI: Kyrouac looking forward to 2011

January 19, 2011
Scott Kyrouac
Defense Trial Counsel of Indiana President Scott M. Kyrouac outlines his goals for 2011.
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DTCI: Meet your 2011 Board of Directors

January 5, 2011
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, 2011.
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DTCI to promote civility, opposing 'anti-lawyer' sentiments

December 22, 2010
Michael Hoskins
Terre Haute attorney Scott M. Kyrouac wants to advance civility between plaintiffs and defense lawyers, and plans to advocate against “anti-lawyer legislation” that may be lodged against the legal community.
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DTCI amicus makes impact in 2010

December 22, 2010
From DTCI
Although 2010 did not have the fireworks of the 2009 medical write-off cases, Defense Trial Counsel of Indiana has participated as amicus in several significant legal issues affecting the defense bar.
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17th Annual DTCI Conference & Meeting

December 8, 2010
From DTCI
The Defense Trial Counsel of Indiana named its 2011 officers and new directors at its Seventeenth Annual Conference and Annual Meeting in Michigan City November 18-19.
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DTCI: Medical Negligence vs. Premises Liability

November 24, 2010
From DTCI
When a patient is harmed during a medical procedure, a patient may elect to file a medical negligence claim against his physician and the health care facility in which the procedure occurred. However, when a patient is harmed during a hospitalization, should the claim still be pursued as one of medical negligence or is it more appropriately a premises liability claim?
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DTCI: Indiana's New Pattern Jury Instructions in Products Liability Cases

November 10, 2010
From DTCI
There has been great debate in the Indiana legal community about the recent changes to Indiana’s Model Jury Instructions that were revised to be written in plain English.
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DTCI: Be a good lawyer, but also be a good mentor

November 10, 2010
From DTCI
Libby Valos Moss lists what she has learned over the years in striving to be a good mentor.
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DTCI: Take time to smell flowers along the way

October 27, 2010
Jeffrey Crabill
When the name Rabb Emison comes to my mind, I immediately think of the word “great.”
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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