Defense Trial Counsel of Indiana

DTCI: Meet your 2012 Board of Directors

January 4, 2012
From DTCI
Read about the 2012 Defense Trial Counsel of Indiana board of directors.
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18th Annual DTCI Conference & Meeting

December 21, 2011
The DTCI held its annual conference Nov. 17-18 at French Lick Resort. View photos from the event.
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Incoming DTCI president sets priorities for new year

December 7, 2011
Jenny Montgomery
Civility and clarifying priorities are among Lonnie D. Johnson's key initiatives for 2012.
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Standing up for the judiciary

December 7, 2011
Michael Hoskins
The Defense Trial Counsel of Indiana plans to address attacks on courts and judges.
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2011 update of DTCI amicus cases

December 7, 2011
James Johnson
Cases include wrongful death attorney fees and spoliation.
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DTCI: A lesson not learned in law school

November 23, 2011
From DTCI
DTCI attorney Gregory Freyberger provides insights on differing litigation strategies.
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DTCI: Alternative designs

November 9, 2011
From DTCI
Blaire Henley offers keys to evaluating expert testimony.
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DTCI nominations for board of directors

November 9, 2011
From DTCI
Read who will lead the DTCI for 2012.
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DTCI: Recovery of workers' comp in third-party action

October 26, 2011
From DTCI
An overview of the statutory rights of an employer/carrier to recover on such liens is often a good refresher as many attorneys tend to overlook this important aspect when seeking to settle their liability case.
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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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  1. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  2. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  3. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

  4. I have dealt with more than a few I-465 moat-protected government attorneys and even judges who just cannot seem to wrap their heads around the core of this 800 year old document. I guess monarchial privileges and powers corrupt still ..... from an academic website on this fantastic "treaty" between the King and the people ... "Enduring Principles of Liberty Magna Carta was written by a group of 13th-century barons to protect their rights and property against a tyrannical king. There are two principles expressed in Magna Carta that resonate to this day: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land." "To no one will We sell, to no one will We deny or delay, right or justice." Inspiration for Americans During the American Revolution, Magna Carta served to inspire and justify action in liberty’s defense. The colonists believed they were entitled to the same rights as Englishmen, rights guaranteed in Magna Carta. They embedded those rights into the laws of their states and later into the Constitution and Bill of Rights. The Fifth Amendment to the Constitution ("no person shall . . . be deprived of life, liberty, or property, without due process of law.") is a direct descendent of Magna Carta's guarantee of proceedings according to the "law of the land." http://www.archives.gov/exhibits/featured_documents/magna_carta/

  5. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

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