DTCI

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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DTCI: Award nominations invited

September 10, 2014
From DTCI
The Defense Trial Counsel’s Annual Meeting will be held Nov. 20 - 21 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: Playing by the rules

August 27, 2014
From DTCI
Christopher Lee uses a popular board game to teach his children about democracy and the rule of law.
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DTCI: The sleeping giant - Indiana’s Deceptive Consumer Sales Act

August 13, 2014
Jason Massaro
Indiana’s Deceptive Consumer Sales Act, I.C. 24-5-0.5 et seq., is a fairly complicated statute clothed in relative obscurity. The DCSA’s complexity is due partly to the way it is written, its scope, and the numerous cross-references to other conduct and statutes that fall within its purview. This article will introduce the statute, discuss its uses, implications, and its application to various types of transactions.
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DTCI: Paralegal summer social

August 13, 2014
From DTCI
The DTCI Paralegal Section Summer Social was held July 17 at The Slippery Noodle Inn in Indianapolis. Twenty current and prospective members of the section attended to hear DTCI director Kevin Tyra speak – and to take advantage of the complimentary refreshments offered by the event sponsor, Connor Reporting.
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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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