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!
Defense Trial Counsel of Indiana
Articles
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.
COA upholds admission of medical bills in $0 pain-and-suffering verdict
Evidentiary rulings that led to a $0 jury verdict for a man who was injured in a car crash were upheld Wednesday by the Indiana Court of Appeals. The case drew participation from the Indiana plaintiff and defense bars.
DTCI: COVID views may be crucial in post-pandemic jury selection
Post-pandemic, jury selection will change, the panel’s makeup may change and the individual potential juror’s responses to questions on the topic of COVID-19 might provide additional insight on the juror’s predilections.
DTCI: Young Lawyer Spotlight — Ryan Shouse
Meet attorney Ryan Shouse in this ongoing series introducing new DTCI attorneys to the wider legal community.
DTCI: Contact Tracing in the Removal Context
When faced with a case involving unincorporated business entities, a defendant must carefully consider whether the requirements for diversity jurisdiction are satisfied before filing its notice of removal. Failure to do so could result an adverse award of attorney fees on a motion for remand, or the district court sua sponte remanding the case to state court upon discovery that it lacks subject matter jurisdiction over the action.
DTCI: For better or worse, Zoom has changed the practice of law
For lawyers, COVID has forced us out of courtrooms, mediations, conferences and client visits. Videoconferencing software, usually Zoom, has stepped in to fill the void. Zoom is an imperfect substitute with plenty of drawbacks. However, after nearly a year litigating cases via Zoom, it has become an ingrained part of the practice of law. Even after COVID, Zoom is likely here to stay.
DTCI: Constitutional Law and Private Health Care Providers
When the typical claim in health care against a private health care provider alleges medical malpractice, why would the provider be concerned about the constitutional rights of the patient and the patient’s family? Section 1983 claims provide a Constitution-based vehicle for patients and/or their families to bring claims alleging violations of constitutional rights.
DTCI: 2020 DTCI Award Recipients
See who was named DTCI Defense Lawyer of the Year, Outstanding Young Lawyer and Diplomat of the Indiana Defense Trial Counsel for 2020.