Infliction of Emotional Distress

Originally published as “Infliction of Emotional Distress”, Indiana Civil Litigation Review, Volume VIII, 2011. Download as PDF: “Infliction of Emotional Distress”, Indiana Civil Litigation Review, Volume VIII, 2011 I. Elements of IED Claims The tort of intentional infliction of emotional distress (IIED) arises when a defendant (i) engages in “extreme and outrageous” conduct that (ii) intentionally or […]

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Wrongful Death Actions in Indiana

Article_Wrongful Death Actions in Indiana (Click to download as a PDF) In Indiana, actions for wrongful death are governed by the General Wrongful Death Statute (GWDS), Adult Wrongful Death Statute (AWDS), and the Child Wrongful Death Statute (CWDS).  The contours of wrongful death actions have been defined by numerous judicial opinions interpreting the statutes and reconciling […]

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Civil ≠ Zealous?

Download as PDF: Article_Civility By rule and opinion the Indiana system of justice mandates civility.  Indeed, Indiana lawyers take an oath of civility. “I do solemnly swear and affirm that…I will abstain from offensive personality and advance no fact prejudicial to the honor or reputation of a party or witness…” Indiana Admission and Discipline Rule 22. 

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Expert Depositions

Download as PDF: Bench Bar Article OCR 1. PREPARING A WITNESS TO RESPOND TO A 30(B)(6) NOTICE OF DEPOSITION: “I’ll know my song well before I start singing.” After receiving a 30(B)(6) notice of deposition, including the requisite specification of topics of such deposition, the entity that is to be deposed has a duty to: Select one […]

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Coverage Issues: Sheehan Construction

Download as PDF: Coverage Issues in Construction Cases_ICLEF Arcticle I. Application of Common Policy Provisions in Construction Cases   The potentially relevant policy provisions of a typical Commercial General Liability (“CGL”) Policy in construction cases are:   Section I – Coverages               Coverage A. Bodily Injury and Property Damage Liability   1. Insuring Agreement   […]

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Breach of Contract Claims in Construction Cases

Download as PDF: Breach of Contract Claims in Construction Cases In construction cases, there are three general categories of contract damages: 1) damages for defective workmanship 2) schedule related damages, and 3) damages for failure to perform.  This article reviews the cases and basic legal principles applicable to these three types of construction contract claims. I. […]

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Two Parties…One Oath

Download as PDF: Article_Two Parties…One Oath The Defense Trial Counsel of Indiana and The Indiana Trial Lawyers Association have joined to present a seminar on civility at the Robert H. McKinney School of Law on May 24, 2012 entitled “Two Parties…One Oath – A Conversation on Civility.”  Justice Steven H. David of the Indiana Supreme Court […]

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Choice of Law Analysis and Indiana Insurance Contracts

This article was originally written for DTCI October 2010.  Download Here: Choice of Law Analysis and Indiana Insurance Contracts PDF Insurance Policies in General In liability insurance contracts such as commercial general liability insurance policies (“CGL”) and automobile insurance policies an insurance company promises to defend and indemnify the insured if the insured is sued due to […]

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