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2018 DTCI Amicus Activity: Summary of key cases

This year, the Defense Trial Counsel of Indiana has participated as amicus in a variety of issues of significant interest to the defense bar. Although DTCI is unable to become involved in every case in which its participation is requested, the Amicus Committee and the Board of Directors carefully consider each request and welcome the chance to work with defense counsel across the state on important issues of Indiana law before Indiana’s appellate courts.

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DTCI: Revisiting Medical Monitoring Class Actions

In recent years, federal and state courts have issued numerous decisions involving medical monitoring. The results of these decisions make a couple of things clear. The first is that the viability of medical monitoring claims continues to decrease, and the second is that both federal and state courts overwhelmingly deny certification in medical monitoring class actions.

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DTCI: Do we have to pay a price to practice law and have it all?

Do we all feel like we are drowning? Probably not, or at least I hope not. Some days I definitely feel like I have it all together. But what can we all do to help each other — and not just defense attorneys, but all members of the Indiana bar — during those days and weeks when we are struggling?

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DTCI: Handling Depositions Like A Pro

It’s no secret that depositions can make or break your defense. A discovery deposition is generally your one and only chance to learn what a witness knows and what they might say at trial. Failing to take advantage of this tool can lead to big consequences down the road, whether at trial or in a dispositive or other motion.

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DTCI: Pro trip — head up north to avoid vacation deficit disorder

This year, the annual DTCI conference in South Bend will include a presentation on stress management. Those who find themselves with spare time in the northern part of Indiana should cross the state line into Michigan. I have heard numerous people say that the instant they enter Michigan on the Red Arrow Highway, they feel like they are on vacation.

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DTCI: Key questions on enforceability of noncompete agreements

In addition to the standard family and criminal law questions, most attorneys have been approached by a friend or family member requesting advice on their noncompetition agreement and, more importantly, whether they really must comply with the terms of the agreement.

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DTCI: Take your deposition preparation beyond the ancient commands

Deposition preparation should not be a reflex exercise. Simply relying on your tried-and-true deposition preparation outline with the long list of ancient commands (“Don’t guess!” “Don’t elaborate!” “Don’t volunteer!”) is wrong. All witnesses are not created equal, so your next deposition preparation session should not be the same as your last.

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DTCI: Award nominations invited

The Defense Trial Counsel’s Annual Meeting will be held Nov. 15 and 16 in South Bend at the University of Notre Dame. One of the highlights of the meeting will be 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 Awards Committee is now accepting nominations for this year’s awards.

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DTCI: Author! Author!

The 2018 edition of the DTCI Indiana Civil Litigation Review is now in the planning stages. The board of editors invites ideas and authors for articles for Volume XV, deadline Sept. 1.

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DTCI: Tackling the waiting game

Kudos and congratulations to all bar applicants. You have survived the marathon that is the bar exam. For bar applicants across the country, now it is a waiting game.

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DTCI: Writing for fun also may enhance your practice abilities

I dropped off my 10-year old daughter at Butler University’s creative writing camp this week. As I watched Charlotte walk to her classroom, composition notebook and pen in hand, I thought to myself, when was the last time I wrote anything for fun? Like Charlotte, as a child, I used to fill blank pages with stories. Stories I created. My interest in writing continued and certainly was a factor in choosing the profession of law, but if someone asked me to write a story today, I would not even know where to begin.

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