DTCI

DTCI: Limiting the use of ‘subject to and without waiving’ objections

July 1, 2015
From DTCI
“Subject to and without waiving these objections” is a common phrase that I am sure most of us have used and encountered in discovery responses. Courts, however, are rejecting the phrase and holding that the responding party has waived any objections that may have been asserted. The reasoning makes sense and should encourage most of us to limit our use of the phrase whether we practice in state or federal court.
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DTCI: Impact and questions from EPA draft study on fracking

June 17, 2015
From DTCI
Just shy of 600 pages with a 28-page executive summary to boot, the EPA report concludes that that the agency was unable to find “evidence that ‘mechanisms’ [identified in the report] have led to widespread, systemic impacts on drinking water resources in the United States."
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DTCI: The limits of what’s reasonable

June 3, 2015
From DTCI
This article will analyze the current state of Indiana law and some of the pitfalls that practitioners and employers face when trying to enforce restrictive covenants.
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DTCI: Joint young lawyers cocktail hour

June 3, 2015
From DTCI
On May 14, the young lawyers sections of Defense Trial Counsel of Indiana, the Marion County Bar Association and the Indiana Trial Lawyers Association held a joint networking reception at The Social in Indianapolis.
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DTCI: Defending parallel class actions

May 6, 2015
When tasked with defending parallel class actions in state and federal courts, it will likely be defense counsel’s instinct to concentrate efforts on resolving the nationwide class action.
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DTCI: Rookie Seminar Success

May 6, 2015
From DTCI
Pictures from the recent event held by the Young Lawyers Committee of DTCI.
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DTCI: Counterpoint: Contingency fees require more scrutiny than ever

April 8, 2015
From DTCI
This article is a response to “Contingency fees still help to provide access to courts,” published as a 25th anniversary feature in last month’s Indiana Lawyer.
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DTCI: Stanley v. Walker revisited: Admissibility of discounted Medicare/Medicaid payments as evidence of reasonable value

March 11, 2015
From DTCI
The monumental 2009 Indiana Supreme Court decision in Stanley v. Walker fundamentally changed the way medical expenses are addressed in personal injury litigation. In the years since Stanley, confusion and disagreement have emerged at the intersection of discounted payments and government-paid health benefits.
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DTCI: Best of the blogs

March 11, 2015
From DTCI
Highlights from DTCI member blogs.
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DTCI: Still learning after all these years in practice

February 25, 2015
From DTCI
The practice of law is still exciting and challenging for me, even as I approach my 34th year of practice.
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DTCI: The outlook for telemedicine

February 11, 2015
From DTCI
Wave of the future or malpractice nightmare?
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DTCI: Remembering my time with popcorn and lost traditions

January 28, 2015
Jason Massaro
What will your kids remember about their childhood – high scores on "Call of Duty" or "iFunny"; or you and time with popcorn?
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Meet the 2015 DTCI board of directors

January 14, 2015
From DTCI
At the November annual meeting of the Defense Trial Counsel of Indiana, the following officers and directors were elected. They assumed office Jan. 1, 2015.
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DTCI Annual Meeting 2014

December 17, 2014
From DTCI
Members gathered in French Lick to honor attorneys, attend educational sessions and socialize.
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Thomas Hays will lead DTCI as it embarks on new long-range plan

December 3, 2014
Marilyn Odendahl
For nearly 37 years, Hays, a partner at Lewis Wagner LLP, has continued to enter courtrooms, building a solid reputation as a personal injury defense attorney. Now Hays is preparing to take on a new challenge. He is the incoming president of the Defense Trial Counsel of Indiana and will take office in January just as the organization is beginning to implement a new long-range plan.
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2014 DTCI Amicus Report

December 3, 2014
From DTCI
In 2014, the Defense Trial Counsel of Indiana’s Amicus Committee participated in a number of interesting appeals, several of which have not yet been decided. The cases DTCI became involved in this year addressed a variety of evidentiary and other issues that are of interest to the defense bar.
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DTCI: Is technology killing the work-life balance?

November 19, 2014
From DTCI
I will admit that when I first started practicing law, there were no BlackBerry phones, iPhones or tablets allowing one to access email at any time of the day, anywhere in the world. I also could not access the system in our office while at home or some other remote location. Now that all of these options are available to us, I can’t help but wonder is technology killing the ability to balance work with life?
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DTCI: Take time to invest in yourself

November 5, 2014
From DTCI
Where I work, it is the usual practice of the partnership to send attorneys with my level of experience (five to six years) to a seminar in order to prepare us for the eventual responsibility of trying a case on our own.
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DTCI: 15 years of court interpretation on presumption and products liability

November 5, 2014
From DTCI
In the 15 years since the presumption became a part of the IPLA, it has been invoked in a number of actions involving the design, manufacture, labeling and packaging of numerous products. This article explores Indiana court decisions that have transformed the breadth and impact of the presumption both in its application and the requirements necessary to overcome it.
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DTCI: Proceed with caution and civility during depositions

October 22, 2014
As a young lawyer, I have quickly learned that this friction between our duties to our clients and our duty to behave civilly becomes overly apparent at depositions. Without a doubt, depositions are an extremely effective and widely used discovery tool. They present great opportunity to gain valuable facts that can be used against an opponent. That being said, they also present great opportunity for incivility, especially because depositions are generally held outside a judge’s supervision.
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DTCI: Bad faith when there was no coverage?

October 8, 2014
An insurer denies a claim and the court agrees there is no coverage under the policy. Case closed. Or is it?
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DTCI: North Central Region Trial Workshop Academy

October 8, 2014
From DTCI
View a photo from the recent North Central Region Trial Academy Workshop Academy.
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DTCI: Sign up now for the 21st Annual Conference and Meeting

October 8, 2014
From DTCI
Join us on Nov. 20 & 21 at the French Lick Resort for a jam-packed schedule.
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DTCI: Deciphering the new Administrative Rule 9(G)

September 24, 2014
From DTCI
On Sept. 8, the Indiana Supreme Court issued an order amending the Administrative Rules, wherein it adopted most of the proposed changes and added some requirements to Rule 9(G). These amendments take effect Jan. 1, 2015.
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DTCI: The Affordable Care Act and medical malpractice claims

September 10, 2014
From DTCI
How will the law affect medical malpractice claims in Indiana?
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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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