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DTCI: Settling a lawsuit over the policyholder’s objection

In many instances, a policy-limits demand results in a discussion between defense counsel and the policyholder about the policyholder’s desire to settle the lawsuit to avoid the risk of personal exposure and/or to avoid the emotional stress of litigation. But what if the policyholder does not want to settle the lawsuit? What if the policyholder wants her day in court? What if the policyholder is willing to risk personal exposure? What should defense counsel and the insurance company do if they believe the case should be settled?

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DTCI: Young lawyers have active summer

DTCI Young Lawyers gathered for Happy Hour in the private pub room of The Tap in downtown Indianapolis on June 5. The event, hosted by Exponent, an engineering consultant firm, was a hit!

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DTCI Letter to the Editor: Scope of discovery standard revisited

The Sedona Conference was delighted to be cited in David Beach and Ryan Cook’s timely article “DTCI: The Scope of Discovery Standard — Is It Time for an Update?” (May 29, 2019). Indeed we agree that the explosion of information and information sources and the rapid technological advancements have markedly changed the complexity of discovery.

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DTCI: Revisiting Supplemental Awards under the Indiana Worker’s Compensation Act

Attorneys engaged in defending workers’ compensation claims in Indiana may occasionally encounter a situation in which a claimant chooses to maintain claims in multiple states arising out of the same incident or injury. Potential issues in practice may arise where injured workers pursue claims in multiple states, implicating res judicata and collateral estoppel concerns.

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DTCI: An old lawyer’s timeless advice on the practice of law

Americans have a tendency to attribute almost any wise advice to Abraham Lincoln. While many of these attributions are questionable, one piece Lincoln actually wrote was a document titled “Notes on the Practice of Law.” The “Notes” are remarkably relevant to today’s practice.

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DTCI: Importance of Perfectly Worded Risk Transfer Provisions

As with any contractual agreement, the importance of shifting or transferring risk in the unfortunate event of either bodily injury or property damage loss is imperative. The importance of transferring risk in construction cases cannot be overstated since the damages are often significant and catastrophic.

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DTCI: A dramatic, real life slip-and-fall case fit for television

Is being an attorney as exciting as it looks on TV? I’m sure as lawyers, we have all heard one version of this question or another. Usually, I say, “Nah, television makes everything seem more dramatic.” I definitely watch shows that depict lawyers with a healthy dose of eye-rolling. My 2019 practice of law, however, started off with a story fit for television.

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DTCI: Are sellers safe from strict liability under the IPLA?

Practitioners who regularly represent sellers in product liability cases should become thoroughly familiar with “innocent seller” or “innocent distributor” statutes and the case law surrounding them. Counsel should not assume that simply because their client is a seller, their client is protected from strict liability.

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DTCI: Law can keep you running, so it’s important to run

Because we are always running from obligation to obligation, you may find little time for yourself and to decompress. However, in order to be the husband, father and lawyer I want to be, I have to find time to run. And I don’t mean from obligation to obligation, but to actually run.

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DTCI: The Sanctity of the Hoosier Paycheck

Wage and labor litigation is the hot new cottage industry. With a mandatory award of attorney fees and risk for substantial defense costs, lawsuits for unpaid wages arising under state and federal law should heighten employers’ review of just what goes in, and what gets taken out of, one of the most sacred covenants of employment: the paycheck.

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DTCI: A call to action on our diversity and inclusion mission

While statistics have shown some progress and modest increases in the numbers of minorities and women within the legal profession as a whole, Indiana has seemed to lag behind. Accordingly, the Defense Trial Counsel of Indiana has taken the initiative to help change that within this state.

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DTCI: Questions Remain as 20th Anniversary of Sword Approaches

As the twentieth anniversary of Sword v. NKC Hospitals, Inc., et al. approaches, questions remain. What qualifies as meaningful notice? What are the best steps a hospital or health care entity should take to limit their liability? Will Sword apply to health care providers outside the traditional hospital setting?

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DTCI: The art of witness deposition prep, according to Sun Tzu

“The Art of War,” a 2,000-year-old analysis of battle preparation and strategy, remains perhaps the most widely read book on strategy in the world. Sun Tzu’s theories have been successfully applied in business, politics and sports, and they are no less useful and effective in the “battlefield” of litigation.

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