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.
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.
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.
Meet attorney Ryan Shouse in this ongoing series introducing new DTCI attorneys to the wider legal community.
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.
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.
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.
See who was named DTCI Defense Lawyer of the Year, Outstanding Young Lawyer and Diplomat of the Indiana Defense Trial Counsel for 2020.
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.
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.
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.
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”).
Defense Trial Counsel of Indiana is honored to announce the 2020 outstanding defense lawyers of the year.
The DTCI is honored to announce the 2020 outstanding defense lawyers of the year.
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.
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.
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.
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.
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.
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.