From DTCI
Articles
DTCI: Navigating Common Issues in UIM Litigation
Many defense attorneys are eventually pulled into the love triangle of underinsured litigation. Like any good drama, underinsured cases are multifaceted and involve a bizarre set of twists and relationships.
DTCI: The medical review panel process
The medical review panel process plays an important role in medical malpractice litigation, including separating meritorious claims from meritless claims. The panel process and its effect on subsequent or concurrent litigation in court are the subjects of numerous debates and a large body of case law on a variety of issues. This article addresses two such issues: (1) a medical provider’s right to anonymity when a party files a motion for preliminary determination during the panel process; and (2) whether the statutory 90-day period following the issuance of the medical review panel’s opinion should be added to any time remaining under the statute of limitations before the plaintiff files a claim with the Indiana Department of Insurance.
DTCI: Indiana high court upholds punitive damage caps
The Indiana Supreme Court recently upheld caps on punitive damages and the procedure for allocating punitive damage awards. In State v. Doe, 987 N.E.2d 1066 (Ind. May 14, 2013), the court upheld the statute capping punitive damage awards at the greater of three times the amount of compensatory damages or $50,000. Ind. Code § 34-51-3-4. The court also upheld the statute requiring the plaintiff receive 25 percent of the punitive damages award while 75 percent goes to the Violent Crime Victim Compensation Fund. Ind. Code § 34-51-3-6. The punitive damages statute provides that the jury not be apprised of the caps or the 25-75 allocation. Ind. Code § 34-51-3-3.
DTCI: Synopsis of House Enrolled Act 1320
The workers’ compensation reform legislation, effective July 1, 2013, not only increases benefit amounts to injured workers, but also, most notably, imposes a fee schedule for the reimbursement of medical service facilities based upon Medicare’s reimbursement rates.
DTCI: New associates and their different work ethic
Renee Mortimer offers some advice to “Millennial” associates.
DTCI: Thanks and welcome …
The thanks of the entire DTCI go to the current members of the board of editors of the Indiana Civil Litigation Review. Through their efforts, the Review is a publication of which we may all be proud.
DTCI: Managing the mass-tort case
Consolidation, liaison counsel, electronic service and other helpful tools
DTCI: As attorneys, conflict is our business
This is not a call for more “civility.” To be candid, I have heard that so many times from so many people that it has lost all significance to me.
DTCI: Rookie seminar will take defense practice to new levels
Are you ready to learn what you really need to know to practice defense law? Well, the DTCI is ready to teach you!
DTCI: Early mentors influenced me as an attorney
How did I turn out like this? After practicing law for 32 years, I decided it was time to look back and examine the reasons that I behave certain ways.
DTCI: Beware of overly broad media policies
The National Labor Relations Board continues to be very active in evaluating employee handbook provisions that may affect the rights of union and nonunion employees to engage in protected, concerted activity under Section 7 of the National Labor Relations Act.
DTCI: New Medicare reimbursement and reporting law
On January 10, 2013, President Barack Obama signed into law the Strengthening Medicare and Repaying Taxpayers Act of 2012 (“SMART Act”). When finally implemented, the SMART Act should streamline settlement negotiations and provide more certainty to settlements involving Medicare beneficiaries.
DTCI: Premises liability for the criminal acts of others
Indiana premises liability jurisprudence may be changing. If it does, being a business owner in Indiana will be increasingly risky. Not a risk premised on how good the business person may be, but premised on whether a crime will occur at the business and harm a customer, visitor or guest.
DTCI: Volume IX of the DTCI Indiana Civil Litigation Review is now in production
The board of editors is seeking ideas and authors for articles for Volume X, deadline October 2013.