DTCI

DTCI: Insurance Section Roundtable

September 23, 2015
From DTCI
Join the DTCI Insurance Section for a roundtable discussion with Judge Mark Smith of Hendricks County Superior Court and Judge Matthew Kincaid of Boone Superior Court at Tow Yard Brewing Company in Indianapolis at 3 p.m. on Sept. 24.
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DTCI: Paralegal Service Project

September 23, 2015
From DTCI
The DTCI Paralegal Section is organizing support for a 10-member special operations detachment military troop currently stationed overseas. The troop’s biggest wish is for gift cards to pay for Internet service, which they must buy themselves.
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DTCI: Public access to police body-cam footage

August 26, 2015
Margaret Christensen, Jessica Whelan
In the wake of several highly publicized police encounters with the public leading to the death of the individuals involved, the debate over public access to police body-camera video is heating up.
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DTCI: Kudos

August 26, 2015
From DTCI
Steven S. Hoar has been elected president of the Evansville Bar Association and Jeffrey Ahlers has been named to "The Best Lawyers in America (2016)"
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DTCI: Use of multidistrict litigation continues to rise

August 12, 2015
Christopher Lee
The Judicial Panel on Multidistrict Litigation is charged with creating new MDLs by consolidating related cases pending in federal courts, transferring new cases to existing MDLs, and remanding old cases to their transferor courts once the transferee courts have completed their work.
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DTCI: Court interprets waiver of subrogation clause

July 29, 2015
William Kelley
A waiver of subrogation clause is a typical — but often overlooked — contract provision in design and construction contracts, especially for parties using standard form contracts, such as the American Institute of Architects (AIA) forms.
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DTCI: Awards nominations invited

July 29, 2015
From DTCI
The Defense Trial Counsel’s Annual Meeting will be held November 19 - 20 at IU Memorial Union.
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DTCI: Kudos

July 29, 2015
From DTCI
The Employment Law trial team at Lewis Wagner, led by partner Stephanie Cassman, secured a defense verdict last week in a federal race discrimination jury trial.
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DTCI: Sign up now for 22nd annual conference and meeting

July 29, 2015
From DTCI
Join us on November 19 & 20 at the IU Memorial Hall for a jam-packed schedule.
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DTCI: Legal questions abound for hands-free driving

July 15, 2015
Matthew Trainor
Although fully autonomous cars will take years to reach the general public, several car manufacturers already sell or have plans within the next year to begin selling cars with hands-free driving features.
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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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  1. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

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  3. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  4. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

  5. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

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