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Products Liability Cases – Feb. 25

The Indiana Product Liability Act is the exclusive mechanism to evaluate claims of personal injury and property damage allegedly caused by products. The Act’s unique statutory regime selectively borrows concepts from the Restatement (Second) of Torts, § 402A, and the Restatement (Third) of Torts: Products Liability, and it rejects strict liability concepts for claims of design and warning defects. The Act also significantly alters prior Indiana common law governing product liability actions. This seminar will explore these features of the Act, and will address opportunities and procedural mechanisms for early resolution of product liability actions, including the narrowing of issues through motion practice, tailored case management orders, and efficient discovery practices designed to control and reduce costs.

FACULTY:
Dean T. BarnhardBarnes & Thornburg, Indianapolis
Joseph R. AlbertsDow AgroSciences, Indianapolis
Mathew Scott Winings, Cummins, Inc., Indianapolis

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PRODUCTS LIABILITY CASES
3 CLE – Wednesday, February 25, 2015   1:15 P.M. – 4:30 P.M.

Live In-Person Seminar
- ICLEF Conference Facility, Indianapolis

Live Individual Webcast
- From Your Home or Office Computer

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

 

Posted in Highlighted Seminars0 Comments

ICLEF Contributes $2500 to the Indianapolis Bar Foundation

ICLEF is pleased to announce a contribution of $2500 to the Indianapolis Bar Foundation in support of the Neil E. Shook Scholarship Fund.  The Indianapolis Bar Foundation website lists the Neil E. Shook Scholarship as being available to 2nd year Robert H. McKinney School of Law students who exhibit the following characteristics: 1. academic proficiency; 2. interest in creditors’ rights and bankruptcy law; 3. financial need; 4. exceptional leader­ship skills; 5. demonstrated commitment to excellence; 6. proponent of civility in the legal profession.

We are delighted to be able to provide financial support to this important scholarship fund.

Click here if you would like to make a donation to the Indianapolis Bar Foundation.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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Family Law Case Review 2/25/11

Case: Stephanie L. Cotton v. Charles C. Cotton

Case Summary by Mike Kohlhaas, Bingham McHale LLP

HELD: To comply with the Indiana Trial Rules and Due Process, the summons served with a petition for dissolution of marriage must include a clear statement to the Respondent of the risk of default for failure to appear or otherwise respond.

FACTS AND PROCEDURAL HISTORY:

Husband and Wife married in 2002. In March 2009, Husband filed a petition for dissolution of marriage. Wife was served with a summons and copy of the petition, but she did not appear personally or by counsel, nor did she respond to the petition. Husband continued to live in the marital residence for five months after filing, leading Wife to believe that the parties were working on reconciliation and that Husband was not pushing finalization of the dissolution.

However, in September 2009, Husband and his counsel attended a final hearing. Wife had not appeared personally or by counsel, and she received no notice of the final hearing. In Wife’s absence, and following only Husband’s testimony, the trial court defaulted Wife and entered a final dissolution decree that included an award of joint legal and physical custody of the parties’ son, and divided the marital estate. Wife subsequently learned of the Decree, hired counsel, and filed a T.R. 60 motion to set aside the Decree, which was denied. Wife appealed.

On appeal, Wife contended that the Decree was void because it was entered without personal jurisdiction over her, due to insufficiency of process; specifically, the summons used by Husband included language to Wife that she “may personally appear” and that “[y]ou must appear before the Court if directed to do so pursuant to a Notice, Order of the Court, or Subpoena,” but no language articulating a risk of default for doing nothing. In reviewing the summons, the Court of Appeals summarized the applicable law of insufficiency of process, and concluded: “We hold that due process requires that, at a minimum, a respondent in a dissolution proceeding be notified of the risk of default for failure to appear or otherwise respond.”

In this instance, the subject summons presented Wife with the option of appearing or responding to the petition, but did not provide notice to her that the trial court could take further and final action without further notice to her. The Court of Appeals added, “the command of Trial Rule 4(C)(5), grounded in due process, is that the respondent in a dissolution proceeding must be given notice in a ‘clear statement’ of the risk of default for failure to appear or other respond . . . ” Concluding that the subject summons did not comply with Trial Rule 4(C)(5), or the Due Process Clause, the dissolution decree was reversed and remanded for further proceedings.

To view the text of this opinion in its entirety, click here: Stephanie L. Cotton v. Charles C. Cotton

Posted in Family Law Case Review0 Comments

Live CLE in May

Indiana Charity Gaming: Violation Pitfalls & The Disciplinary Process
This program is no longer available as a Live In-Person Seminar. However, you can still view the On Demand Video or purchase the Publication of this Seminar by Clicking Here. (Coming Soon)

3rd Annual Reality CLETM
14 CLE / 2 E – Thursday & Friday, May 7-8
Live In-Person Seminar Only: Crowne Plaza Airport Hotel, Indianapolis

Annual Real Estate InstituteTM
12 CLE / 1 E – Thursday & Friday, May 14-15
Live In-Person Seminar: ICLEF Conference Center, Indianapolis
Live Individual Webcast: From your home or office computer
Video Replay Seminars: Available statewide after live seminar date

Representing Clients on VA Benefits
3 CLE – Tuesday, May 19     9:00 A.M – 12:15 P.M.
Live In-Person Seminar: ICLEF Conference Center, Indianapolis
Live Group Webcast: May Oberfell Lorber Law Office, Mishawaka
Live Individual Webcast: From your home or office computer
Video Replay Seminar: Available statewide after live seminar date

Justice & The War on Terror
3 CLE – A National Speaker Seminar - Tuesday, May 19     1:15 P.M – 4:30 P.M.
Live In-Person Seminar Only: ICLEF Conference Center, Indianapolis

Invasion of the Drones
3 CLE – Friday, May 22     9:00 A.M – 12:15 P.M.
Live In-Person Seminar: ICLEF Conference Center, Indianapolis
Live Group Webcast: Taft Law Office, Indianapolis
Live Individual Webcast: From your home or office computer
Video Replay Seminar: Available statewide after live seminar date

Breakthrough Negotiations
12 CLE / 6 CME – Thursday & Friday, May 28-29
Highly Interactive & Limited to 25!
Help us plan the seminar by taking a quick negotiation survey.
Live In-Person Seminar Only: ICLEF Conference Center, Indianapolis 

Preparing for the Next Mini Boom in the Oil & Gas Industry
4 CLE / 1 E / 1 CEU Ethics / 3 RL, RPL or CPL Recertification Credits
Friday, May 29     9:00 A.M. – 2:00 P.M. Central
Live In-Person Seminar Only: Tropicana Hotel, Evansville

 

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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