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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

______________________________________________________________

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

Municipal Law Update, May 18

TOPICS:
 Public Finance & Economic Development
Public Purchasing & Bidding

Drones

Open Door Law & Access to Public Records

Land Use Issues – including discussion of digital signs & billboards, cell phone tower regulation, & other recent developments

Code Enforcement

Employment Law Issues

Public Safety & Public Employment Litigation

Ethics Matters In Municipal Law
_______________________________________

FACULTY:
Sue A. Beesley – Chair
Bingham Greenebaum Doll LLP, Indianapolis

Michael A. Blickman
Ice Miller LLP, Indianapolis

Luke H. Britt
Indiana Public Access Counselor, Indianapolis

Brenda K. DeVries
Bingham Greenebaum Doll LLP, Indianapolis

Bruce D. Donaldson
Barnes & Thornburg LLP, Indianapolis

Patrick R. Hess
Beckman Lawson, LLP, Fort Wayne

Kevin P. McGoff
Bingham Greenebaum Doll LLP, Indianapolis

Richard S. Pitts
Arlington / Roe & Co., Indianapolis

Liberty L. Roberts
Church Church Hittle & Antrim, Noblesville

Craig W. Wiley
Jackson Lewis LLP, Indianapolis
_______________________________________

6 CLE / 1 E – Wednesday, May 18
9:00 A.M. – 4:30 P.M.

LIVE GROUP WEBCASTS

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