Articles

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Thomas Hays will lead DTCI as it embarks on new long-range plan

For nearly 37 years, Hays, a partner at Lewis Wagner LLP, has continued to enter courtrooms, building a solid reputation as a personal injury defense attorney. Now Hays is preparing to take on a new challenge. He is the incoming president of the Defense Trial Counsel of Indiana and will take office in January just as the organization is beginning to implement a new long-range plan.

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DTCI: Is technology killing the work-life balance?

I will admit that when I first started practicing law, there were no BlackBerry phones, iPhones or tablets allowing one to access email at any time of the day, anywhere in the world. I also could not access the system in our office while at home or some other remote location. Now that all of these options are available to us, I can’t help but wonder is technology killing the ability to balance work with life?

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DTCI: Take time to invest in yourself

Where I work, it is the usual practice of the partnership to send attorneys with my level of experience (five to six years) to a seminar in order to prepare us for the eventual responsibility of trying a case on our own.

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DTCI: 15 years of court interpretation on presumption and products liability

In the 15 years since the presumption became a part of the IPLA, it has been invoked in a number of actions involving the design, manufacture, labeling and packaging of numerous products. This article explores Indiana court decisions that have transformed the breadth and impact of the presumption both in its application and the requirements necessary to overcome it.

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DTCI: Proceed with caution and civility during depositions

As a young lawyer, I have quickly learned that this friction between our duties to our clients and our duty to behave civilly becomes overly apparent at depositions. Without a doubt, depositions are an extremely effective and widely used discovery tool. They present great opportunity to gain valuable facts that can be used against an opponent. That being said, they also present great opportunity for incivility, especially because depositions are generally held outside a judge’s supervision.

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DTCI: Deciphering the new Administrative Rule 9(G)

On Sept. 8, the Indiana Supreme Court issued an order amending the Administrative Rules, wherein it adopted most of the proposed changes and added some requirements to Rule 9(G). These amendments take effect Jan. 1, 2015.

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DTCI: Award nominations invited

The Defense Trial Counsel’s Annual Meeting will be held Nov. 20 – 21 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.

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DTCI: North Central Region Trial Academy

Need to enhance your skills as a litigator? Searching for a good trial advocacy seminar? If so, be sure to register today for the 2014 North Central Region Trial Academy! The academy is the only in-depth trial tactics seminar in Illinois, Indiana and Wisconsin designed by defense attorneys for defense attorneys.

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DTCI: Paralegal summer social

The DTCI Paralegal Section Summer Social was held July 17 at The Slippery Noodle Inn in Indianapolis. Twenty current and prospective members of the section attended to hear DTCI director Kevin Tyra speak – and to take advantage of the complimentary refreshments offered by the event sponsor, Connor Reporting.

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DTCI: The sleeping giant – Indiana’s Deceptive Consumer Sales Act

Indiana’s Deceptive Consumer Sales Act, I.C. 24-5-0.5 et seq., is a fairly complicated statute clothed in relative obscurity. The DCSA’s complexity is due partly to the way it is written, its scope, and the numerous cross-references to other conduct and statutes that fall within its purview. This article will introduce the statute, discuss its uses, implications, and its application to various types of transactions.

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DTCI: Awards nominations invited

The Defense Trial Counsel’s Annual Meeting will be held Nov. 20-21 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.

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DTCI: Independent contractors under the Worker’s Compensation Act

Independent contractors are usually excluded from coverage under the Indiana Worker’s Compensation Act. Accordingly, an individual’s status as an independent contractor may serve as a defense to an otherwise compensable claim. While this general principle – that independent contractors are not covered by the Act – seems simple enough, the provisions of the Act addressing independent contractors can give rise to some complex legal and factual issues.

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DTCI: Author! Author!

Volume XI of the DTCI Indiana Civil Litigation Review is now in the planning stages. The board of editors is seeking ideas and authors for articles for Volume XI, deadline September 2014.

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