Articles

DTCI: Revisiting Supplemental Awards under the Indiana Worker’s Compensation Act

Attorneys engaged in defending workers’ compensation claims in Indiana may occasionally encounter a situation in which a claimant chooses to maintain claims in multiple states arising out of the same incident or injury. Potential issues in practice may arise where injured workers pursue claims in multiple states, implicating res judicata and collateral estoppel concerns.

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DTCI: An old lawyer’s timeless advice on the practice of law

Americans have a tendency to attribute almost any wise advice to Abraham Lincoln. While many of these attributions are questionable, one piece Lincoln actually wrote was a document titled “Notes on the Practice of Law.” The “Notes” are remarkably relevant to today’s practice.

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DTCI: Law can keep you running, so it’s important to run

Because we are always running from obligation to obligation, you may find little time for yourself and to decompress. However, in order to be the husband, father and lawyer I want to be, I have to find time to run. And I don’t mean from obligation to obligation, but to actually run.

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DTCI: The Sanctity of the Hoosier Paycheck

Wage and labor litigation is the hot new cottage industry. With a mandatory award of attorney fees and risk for substantial defense costs, lawsuits for unpaid wages arising under state and federal law should heighten employers’ review of just what goes in, and what gets taken out of, one of the most sacred covenants of employment: the paycheck.

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DTCI: Questions Remain as 20th Anniversary of Sword Approaches

As the twentieth anniversary of Sword v. NKC Hospitals, Inc., et al. approaches, questions remain. What qualifies as meaningful notice? What are the best steps a hospital or health care entity should take to limit their liability? Will Sword apply to health care providers outside the traditional hospital setting?

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2018 DTCI Amicus Activity: Summary of key cases

This year, the Defense Trial Counsel of Indiana has participated as amicus in a variety of issues of significant interest to the defense bar. Although DTCI is unable to become involved in every case in which its participation is requested, the Amicus Committee and the Board of Directors carefully consider each request and welcome the chance to work with defense counsel across the state on important issues of Indiana law before Indiana’s appellate courts.

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DTCI: Revisiting Medical Monitoring Class Actions

In recent years, federal and state courts have issued numerous decisions involving medical monitoring. The results of these decisions make a couple of things clear. The first is that the viability of medical monitoring claims continues to decrease, and the second is that both federal and state courts overwhelmingly deny certification in medical monitoring class actions.

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DTCI: Do we have to pay a price to practice law and have it all?

Do we all feel like we are drowning? Probably not, or at least I hope not. Some days I definitely feel like I have it all together. But what can we all do to help each other — and not just defense attorneys, but all members of the Indiana bar — during those days and weeks when we are struggling?

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DTCI: Handling Depositions Like A Pro

It’s no secret that depositions can make or break your defense. A discovery deposition is generally your one and only chance to learn what a witness knows and what they might say at trial. Failing to take advantage of this tool can lead to big consequences down the road, whether at trial or in a dispositive or other motion.

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DTCI: Pro trip — head up north to avoid vacation deficit disorder

This year, the annual DTCI conference in South Bend will include a presentation on stress management. Those who find themselves with spare time in the northern part of Indiana should cross the state line into Michigan. I have heard numerous people say that the instant they enter Michigan on the Red Arrow Highway, they feel like they are on vacation.

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