Articles

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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DTCI: Avoiding Trial By Ambush

This article looks at the practice of disclosing treating physicians as experts and the law underlying the reasons that treating physicians and their opinions should be disclosed in the course of discovery.

 

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DTCI: Marital Privilege — A State Law Refresher

Marital privilege exists at the state and federal level, although the rules and law governing it differ by forum. The privilege aims to foster marital health and harmony, freeing spouses to communicate without concern that their intimate communications could be used against them.

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DTCI: Civil Forfeiture and the Eighth Amendment, Part Two

Attorneys representing governmental entities will serve their clients well to read the Indiana Supreme Court’s opinion from Timbs, which will provide insights into certain issues the court considers important in evaluating claims that a specific forfeiture violated the respondent’s rights under the Excessive Fines Clause of the Eighth Amendment.

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DTCI: No New Exception to Product Liability Act

The Indiana Products Liability Act (IPLA) includes a 10-year statute of repose, which time-bars claims brought more than 10 years after delivery of the product to the buyer. Until recently, it was an open question of law whether a company refurbishing or repairing a product restarted the statute of repose clock.

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DTCI: Civil forfeiture and the Eighth Amendment

Attorneys representing entities that engage in civil forfeitures should familiarize themselves with the U.S. Supreme Court’s State v. Timbs ruling to ensure their clients comply with the ruling and the entity’s constitutional obligations.

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