DTCI: Young Lawyer Spotlight: Michael Mullen, Schultz & Pogue
Meet Michael Mullen of Schultz & Pogue.
Defense Trial Counsel of Indiana
Articles
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.
DTCI: The roots of diversity and making good business sense
The business case for diversity is, in almost every respect, unassailable. When companies invest in and promote a diverse and inclusive workplace, they gain benefits that go far beyond the optics.
DTCI: Meet the 2021 DTCI Board of Directors
Meet the officers and directors of the Defense Trial Counsel of Indiana, who were elected at the November annual meeting. They assumed office January 1.
DTCI: Life lesson from a year in prison: Don’t take it personally
Nearly 30 years ago, between college and law school, I spent a year of my life in prison — working that is — as a correctional officer for the Indiana Department of Correction. While the work was anything but glamorous, I have always appreciated that experience, where I learned more than a couple of important lessons.
DTCI: Justin K. Curtis: Assignment of Claims for Recoverable Depreciation
Many states have not addressed the situation where a policyholder attempts to assign rights and benefits that the policyholder is not yet entitled to — either because they have yet to satisfy certain conditions under the policy or because the claim has not been reduced to a fixed and certain amount (“contingent benefits”).
Tolbert, McCrum, Raman honored with DTCI 2020 awards
Defense Trial Counsel of Indiana is honored to announce the 2020 outstanding defense lawyers of the year.
DTCI Award Recipients Named
The DTCI is honored to announce the 2020 outstanding defense lawyers of the year.
DTCI: Risk assessment and hazard analysis: making products defendable
Manufacturers operating in an international market must be prepared to defend their products in any venue. Risk assessment and hazard analysis is a “prepackaged” tool the manufacturer can use in defending product liability lawsuits; it shows how the manufacturer considered and accounted for risk at every stage of the design process.
DTCI: Looking forward to simple pleasures whenever we return to normal
As I write this article, my thoughts are focusing on the future and what I anticipate doing again when we return to normal — whatever that normal may be. Some who know me — and especially my wife — know that I am more of a “half-empty glass” than a “half-full glass” person. However, with an optimistic eye, I will look forward to what the future may be when we return to normal.