Court provides guidance to worker’s comp practice
These decisions reveal the board’s position on issues before it and provide practice refreshers and guidance to attorneys who practice before the Worker’s Compensation Board of Indiana.
Defense Trial Counsel of Indiana
Articles
DTCI: Candor toward tribunal trumps attorney-client privilege
The requirement for candor toward the tribunal is set forth in Indiana Rule of Professional Conduct 3.3, and it qualifies the attorney-client privilege.
DTCI: Use of multidistrict litigation continues to rise
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.
DTCI: Kudos
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.
DTCI: Sign up now for 22nd annual conference and meeting
Join us on November 19 & 20 at the IU Memorial Hall for a jam-packed schedule.
DTCI: Awards nominations invited
The Defense Trial Counsel’s Annual Meeting will be held November 19 – 20 at IU Memorial Union.
DTCI: Court interprets waiver of subrogation clause
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.
DTCI: Limiting the use of ‘subject to and without waiving’ objections
“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.
DTCI: Impact and questions from EPA draft study on fracking
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."
DTCI: Joint young lawyers cocktail hour
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.
DTCI: The limits of what’s reasonable
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.
DTCI: Why I belong to the Defense Trial Counsel of Indiana
By far, the organization that is the greatest value to me and my practice is the Defense Trial Counsel of Indiana. I’d like to share with you some of the reasons why.
DTCI: Rookie Seminar Success
Pictures from the recent event held by the Young Lawyers Committee of DTCI.
DTCI: Defending parallel class actions
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.
‘Candid talk’ on women in law
Attorneys Bernadette Catalana and Kelly Odorisi faced jaw-dropping experiences on their paths to success, like being called “cupcake” by a judge, or being told to “act more like a man” when clearly treated differently because of their gender.
DTCI: Stanley v. Walker revisited: Admissibility of discounted Medicare/Medicaid payments as evidence of reasonable value
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.
DTCI: Still learning after all these years in practice
The practice of law is still exciting and challenging for me, even as I approach my 34th year of practice.
DTCI: Author! Author!
Volume XII of the DTCI Indiana Civil Litigation Review is now in planning stages.