Articles

DTCI: Where have all the jury trials gone, revisited

Trials are the training ground in which this generation of lead trial lawyers prepares the next. My concern was and is that the ability to effectively exercise the right to trial will someday (maybe soon) be limited because there will be no one left with experience doing the work.

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DTCI: Young Lawyers Step Up

The September community service event at Gleaners Food Bank of Indiana was hosted by the Young Lawyers Committees of DTCI and ITLA. Six DTCI members and two ITLA members attended.

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DTCI: Using Misuse as a Defense

Indiana’s state and federal courts have long held that the incurred risk and product alteration defenses under Indiana’s Product Liability Act (IPLA) constitute “complete defenses.” But applying the misuse doctrine, particularly as a complete defense, is nuanced and requires a more thorough understanding of Campbell Hausfeld/Scott Fetzer v. Johnson and related law than the headlines might suggest.

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DTCI: Limited Recovery for the Uninsured Plaintiff

The law limits an uninsured person’s recovery to economic damages when an insured driver is at fault. Insurance companies are actually prohibited from paying noneconomic damages to uninsured claimants who have had a financial responsibility citation within the previous five years.

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DTCI: When Expert’s Testimony Should Be Inadmissible

Considering the clear prohibition against expert contingency fee agreements expressed by the Indiana Rules of Professional Conduct and the overwhelming authority from other jurisdictions, it is likely courts in our state will adopt a rule excluding contingent expert testimony, should the issue arise.

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DTCI: Grateful reminiscences of service on the DTCI board

My DTCI board term is about to expire. It has been particularly rewarding to lend a voice from the northwestern part of the state as a member of the board of directors. Thus, I want to take the opportunity to reflect upon many grateful memories of being on the DTCI Board of Directors.

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DTCI: Young Lawyers Summer Golf

[caption id="attachment_143782" align="alignleft" width="225"] Jordan Slusher of Kightlinger & Gray, chair of the DTCI Young Lawyers, reported that 22 golfers enjoyed the Young Lawyer three-hour outing at TopGolf in July.[/caption]
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DTCI: Admitting past medical expense evidence when plaintiff’s counsel does not

New jury research shows jurors often use the cognitive heuristic of “anchoring and adjusting” to assist their task. In other words, jurors look for an anchor that provides a starting point for the value they may assign to an injury, and they adjust the value from that anchor depending on the evidence. Although the value may be adjusted, the anchor strongly influences the outcome.

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DTCI: Catch It While You Can — Pursuing a Prejudgment Attachment

Who among us has not had a client who elected not to bring a lawsuit against another party for fear of never being able to collect a judgment? Perhaps worse, we are sure many of us have pursued a case for a client all the way to trial or judgment, only to have the opposing party seek bankruptcy protection at the 11th hour. Fortunately, Indiana law provides an underused opportunity to earn protection and security for your clients when faced with the uncertainty of whether a case is worth pursuing for fear little or no recovery.

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DTCI: Practical Tips for the Developing Young Lawyer

As this year’s graduates prepare to take the July bar exam, I cannot help but think back to when I was taking the bar and preparing to begin my legal career. A daunting task, certainly. But with the support of many in the Indianapolis legal community, I got through it with only a few bumps and bruises. And I learned a lot along the way. For the developing young lawyer, this article offers some practical guidance to help you continue growing professionally.

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