Articles

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.

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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.

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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.

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DTCI: Flipping the Paradigm: Presenting Subsequent Remedial Measures as a Defense to Punitive Damage Claims against Motor Carriers

The legendary Green Bay Packers coach, Vince Lombardi, is credited with saying, “Hope is not a strategy.” The trucking industry and those who defend it need to move beyond merely hoping that the jury will be convinced that the plaintiffs have failed to carry their burden of proof on punitives. Recent verdict history shows that arguing that the conduct at issue “wasn’t that bad” often fails.

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DTCI: Working while sick? It’s different in the COVID-19 era

In the age of COVID-19, having a system that incentivizes employees to work while sick is not tenable. Most of the symptoms of COVID-19 overlap with the symptoms of illnesses such as strep throat, bronchitis, sinus infection and other viruses that are so common when the weather turns cold. As we well know, if an employee’s illness turns out to be COVID-19, working while sick could be a medical calamity or worse for a vulnerable coworker.

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DTCI: COVID-19 Immunity … But Not the Immunity You’re Thinking Of

Before the 2004 presidential election, very few people were discussing tort reform. However, George W. Bush made it a central aspect of his successful campaign for governor of Texas in 1995, and it remains part of the Republican Party platform. Tort reform in the manner of healthcare provider liability immunity has gained a new foothold due to the ongoing COVID-19 pandemic.

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DTCI Annual Meeting — Virtual & Free

The DTCI Board of Directors voted to host the Annual Conference virtually this year at no charge to our members. Virtual section breakouts will be offered on different dates during the three weeks leading up to the main conference, which remains scheduled for November 19-20.

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DTCI: A few estate planning strategies for peace of mind

Most people don’t want to think of their own mortality or the possibility that they may become incapacitated and incapable of expressing their health care wishes. Having an estate plan as well as a plan in place for end-of-life decisions will provide peace of mind for you and your family.

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DTCI: Spotlight on New Defense Lawyers

The DTCI resumes its popular feature, “Young Lawyer Spotlight,” introducing a few of its new members to the Indiana legal community at large. DTCI members are encouraged to submit the names of their new associates for inclusion in future Spotlight features.

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DTCI: Finding gratitude for the practice of law in difficult times

Practicing law occupies your mind. Being a lawyer has been described as a thinking job and not just a doing job. Lately the news around us has been horrible, and the decisions we face about tasks as simple as buying groceries have been daunting. In these times, I have found my law practice to be a welcome respite from the world around me.

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DTCI: COVID-19 and Worker’s Compensation

As more employees are able to leave home and return to their traditional workplace with peers, exposure increases by default. Given the increased interaction, Indiana worker’s compensation defense attorneys may be seeing just the beginning of their indirect battle with COVID-19. This article sheds light on Indiana’s treatment of diseases in the worker’s compensation setting and describes what an employer, its insurer, and its defense attorney should expect if faced with a COVID-19 claim.

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DTCI: Award Nominations Invited

The Defense Trial Counsel’s Annual Meeting will be held November 19-20 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’s Awards Committee is now accepting nominations for this year’s awards.

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