DTCI: ‘He is a rat’ vs. ‘He is a rat because …’
Indiana courts recognize that social media posts can form the basis of defamation claims.
Defense Trial Counsel of Indiana
Articles
DTCI: Premises liability for foreseeability of third-party harm
Indiana courts approach landowner liability cases by taking a broad approach to the type of plaintiff injured and the type of harm suffered. This avoids making landowners act as insurers to their patrons when the acts of third parties are involved. Yet the caselaw has not always been so clear.
DTCI: Now accepting award nominations
If you know of a deserving candidate, please make your nomination(s) by the end of the day on Sept. 17
DTCI: Please come to Boston … for DRI’s annual meeting
Join me Oct. 13-16 for the Defense Research Institute Annual Meeting at the Sheraton Boston Hotel for four days of networking, building business, meeting new friends, reconnecting with old friends and benefiting from educational programs.
DTCI: The summer best-of caselaw survey
Because he saves caselaw blasts, this author consumes lots of articles that survey noteworthy caselaw. The readers should sit back and learn about three opinions that have been found noteworthy.
DTCI: Perspectives: COVID-19 and young lawyers
While no one has been immune from the changes to our usual habits due to COVID, it struck me that younger attorneys, in particular first-year associates, did not really have the ability to learn and experience much of the practice of law that they were likely expecting.
DTCI: Young Lawyer Spotlights
Meet DTCI young lawyers Eddie Abel, Lauren Binger and MacKenzie Johnson.
DTCI: Indiana Civil Litigation Review
The 18th volume of DTCI’s flagship publication, the Indiana Civil Litigation Review, will begin production soon. Tell us what you want to see included!
DTCI: Why New Lawyers Should Join DTCI
Here’s why young lawyers should join the Defense Trial Counsel of Indiana.
DTCI: Ruminations on an attorney’s post-pandemic ‘new normal’
Courts are back in business, but it’s not business as usual. Defense lawyer Scott Cockrum writes for the Defense Trial Counsel of Indiana about his views on attorneys’ “new normal.”
DTCI: Awards nominations invited
The Defense Trial Counsel’s Annual Meeting will be held Nov. 18-19 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. The DTCI Awards Committee is now accepting nominations for this year’s awards.
DTCI: Time Limitations and the Worker’s Compensation Act
Two recent cases, a Court of Appeals decision and an unappealed decision by the full Worker’s Compensation Board, illustrate the board’s method of applying statutes governing filing limitations.
DTCI: Zoom is here to stay post-pandemic, so make the most of it
The last year has taught most of us that Zoom calls and videoconferencing are here to stay and that there are both positive and negative aspects to conducting business this way. James Hehner offers some suggestions that he has found helpful in preventing viewer fatigue and increasing the usefulness of videoconferencing.
Findley: Sometimes Yes, Sometimes No
Early in their careers, most attorneys are taught to pay particular attention to requests for admission, the least understood of the holy trinity of written discovery.
DTCI: Is there a vaccine for technophobia? Try taking your best shot
Attorneys are duty-bound to be technologically competent. How, then, do we overcome the fear of technology that is natural to many of us?
DTCI: Young Lawyer Spotlight: Michael Mullen, Schultz & Pogue
Meet Michael Mullen of Schultz & Pogue.
DTCI: COVID-19 Business Interruption Litigation: Indiana Weighs In
Many Indiana business owners were forced to close or substantially limit their businesses as a result of the shelter-in-place orders and/or the presence of COVID-19 on the business premises. The resulting economic backlash was severe for business owners, who sought to recover their business losses.
Justices hear arguments in ‘fraud’ case stemming from missed diagnosis
The distinction between active and constructive fraud has long been established in Indiana law. But should that distinction be abolished, or an exception carved out? That question is before the Indiana Supreme Court in a closely watched medical malpractice lawsuit.
DTCI: COA allows medical bills in PI suit seeking only damages
In ruling on an issue of first impression, the Indiana Court of Appeals rejected a a plaintiff’s argument that medical bills are never relevant to pain and suffering, noting that common sense suggests that a more serious injury results in higher medical expenses, and vice versa.
DTCI: Providing Instructions Under the IPLA
The Indiana Product Liability Act (IPLA) can prove confusing for litigants unfamiliar with its many nuances. While the burden of proving duty, breach, causation, and damages rests with the plaintiff in a civil action, in practice, defense attorneys are often tasked with extricating a defendant that has no duty of care with respect to the specific claims brought against it.