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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

 

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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

ILU-2014-Panorama-LR-SM

37th Indiana Law Update – Sept. 9-10

35th Judge Robert H. Staton Indiana Law Update: The Original Since 1979, Sept. 26 & 27, 2013 - An ICLEF CLE Seminar

CELEBRATING 37 YEARS!
The 37th Annual Judge Robert H. Staton Indiana Law UpdateTM program began in 1979 under the Chairmanship of the late Hon. Robert H. Staton. It continues to offer the finest scholarly review of the latest trends, developments and changes in Indiana Law. Offering 12 CLE credits along with 1 ethics credit, it’s an outstanding value for your CLE dollar. Indiana Law UpdateTM has no duplicate! Do not be confused by other programs that use a similar name. If you want the very finest Update program, attend on September 9-10, 2015 in the Sagamore Ballroom of the Indiana Convention Center or at one of the Live Group Webcast locations around the state.

ICLEF continues its commitment to scholarship with Indiana Law UpdateTM. ICLEF donates a portion of the program proceeds for law student scholarships to: Indiana University Maurer School of Law, Indiana University Robert H. McKinney School of Law, University of Notre Dame Law School and Valparaiso University Law School.

For your convenience this year’s program will be available as :
Live In-Person Seminar – Indiana Convention Center, Indianapolis
Live Group Webcasts – Fort Wayne, Indianapolis, Michigan City & Muncie
Live Individual Webcasts – From your home or office computer
Video Replays – Statewide following the live seminar
• On Demand Seminars – Following live seminar – Day 1 or 2 from your home or office computer at your convenience

ILU-2014-Panorama-LR-SM

DAY 1 TOPICS – 6 CLE
Evidence – Criminal and Civil
– Chief Judge Nancy H. Vaidik
Business, Contracts & Banking
– F. Anthony Paganelli
State & Federal Tax Update
– Richard L. Bartholomew
Family & Juvenile Law
– Hon. Vicki L. Carmichael & James A. Reed
Real Estate
– James H. Schwarz
Internet Law
– Anthony J. Rose & Jessica L. Ballard-Barnett
Insurance Law
– Richard S. Pitts
Torts
– Kevin P. Farrell

DAY 2 TOPICS – 6 CLE / 1 E
Ethics
– Charles M. Kidd & Kevin P. McGoff
Nonprofit Update
– Scott Wylie
Probate, Wills, Trusts & Elder Law
– Todd I. Glass & Randall K. Craig
Constitutional Law
– Prof. Ivan E. Bodensteiner
Employment Law
– Melanie M. Dunajeski
Intellectual Property, Copyright & Trademark
– Thomas Q. Henry
Criminal Law
– Stacy R. Uliana & Jack H. Kenney
Bankruptcy Law
– Thomas P. Yoder

FACULTY
Hon. Melissa S. May, Program Chair 
Judge, Indiana Court of Appeals, Indianapolis, IN

Hon. Vicki L. Carmichael
Judge, Clark Circuit Court 4, Jeffersonville, IN

Hon. Nancy H. Vaidik Chief
Judge, Indiana Court of Appeals, Indianapolis, IN

Jessica L. Ballard-Barnett
Judicial Law Clerk, Indiana Court of Appeals, Indianapolis, IN

Richard L. Bartholomew
Girardot, Strauch & Co., Lafayette, IN

Prof. Ivan E. Bodensteiner
Valparaiso University School of Law, Valparaiso, IN

Randall K. Craig
Law Offices of Randall K. Craig, Evansville, IN

Melanie M. Dunajesk
Drewry Simmons Vornehm, LLP, Merrillville, IN

Kevin P. Farrell
Cline Farrell Christie & Lee, PC, Indianapolis, IN

Todd I. Glass
Fine & Hatfield, A Professional Corporation, Evansville, IN

Thomas Q. Henry
Woodard, Emhardt, Moriarty, McNett & Henry LLP, Indianapolis, IN

Jack H. Kenney
Director of Research & Publications, Indiana Public Defender Council, Indianapolis, IN

Charles M. Kidd
Indiana Supreme Court Disciplinary Commission, Indianapolis, IN

Kevin P. McGoff
Bingham Greenebaum Doll LLP, Indianapolis, IN

F. Anthony Paganelli
Paganelli Law Group, Indianapolis, IN

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

James A. Reed
Bingham Greenebaum Doll LLP, Indianapolis, IN

Anthony J. Rose
Meitus Gelbert Rose LLP, Indianapolis, IN

James H. Schwarz
Benesch, Friedlander, Coplan & Aronoff LLP, Indianapolis, IN

Stacy R. Uliana
Uliana Law, Bargersville, IN

Scott Wylie
Volunteer Lawyer Program of Southwestern Indiana, Evansville, IN

Thomas P. Yoder
Barrett & McNagny LLP, Fort Wayne, IN

DATES & LOCATIONS
37th ANNUAL JUDGE ROBERT H. STATON INDIANA LAW UPDATETM
Wednesday & Thursday, September 9-10
12 CLE / 1 E / 12 Provisional and Foreign Counsel License

LIVE IN-PERSON SEMINAR
Indiana Convention Center, Sagamore Ballroom, Sections 1-3, 100 South Capitol Avenue, Indianapolis, IN  46225

LIVE GROUP WEBCASTS
Grand Wayne Center, 120 W. Jefferson Blvd., Fort Wayne, IN 46802
Ice Miller Law Office, One American Square, #2900, Indianapolis, IN 46204
Taft Stettinius & Hollister Law OfficeOne American Square, #3500, Indianapolis, IN   46204

Blue Chip Resort & Casino, 777 Blue Chip Drive, Michigan City, IN 46360  
DeFur Voran Law Office, 400 S Walnut St., Suite 200, Muncie, IN 47305

LIVE INDIVIDUAL WEBCASTS OF DAY 1 & DAY 2
From Your Home or Office Computer with Internet Access

VIDEO REPLAY SEMINARS
Available statewide after Live Seminar date

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