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Posts from October 2008.

A unique mix of economic and legislative factors are about to converge to create a rare opportunity for those who are trying to determine the best methods for passing on their wealth to heirs.

 

First, two laws - the Economic Growth and Tax Relief Reconciliation Act of 2001 and the Job and Growth Tax Relief Reconciliation Act of 2003 - are set to expire in 2010. The laws temporarily liberalize ...

Chapter 11, the business reorganization section of United States Bankruptcy Code, was created with the goal of giving a distressed company breathing room and negotiating leverage to restructure. Economic realities and the nature of the debtor's assets, however, often prevent a successful reorganization and, instead, result in a liquidation of the Chapter 11 debtor. Companies ...

In a recent decision, the Sixth Circuit Court of Federal Appeals held that an employer is entitled to re-evaluate an employee's eligibility for intermittent Family and Medical Leave Act (FMLA) leave at the start of each new 12-month FMLA leave period. In other words, an employee who is approved for intermittent FMLA leave in one 12-month FMLA period and desires to continue taking ...

An hour before sunrise Aug. 27, 2006, Comair Flight 5191 was cleared for takeoff on Runway 22 and taxied into position at Bluegrass Airport in Lexington, Ky., with 47 passengers on board. The crew in the cockpit, however, made a series of mistakes and turned onto the airport's secondary runway, Runway 26. Runway 26 was only half as long as Runway 22, had no edge or centerline lights, and was not suitable for commercial aircraft operations. The pilots failed to cross-check their actual heading with the assigned runway heading before advancing the throttles for takeoff. Flight 5191 ran out of runway, crashed, and exploded in a field just outside the airport, killing all passengers. The question that haunted everybody was how could an experienced crew, with numerous and redundant instruments, compasses, charts, checklists, computerized navigation units, cross-checks, and airport signage/lighting, have missed so many clues and made such a mistake?

The Emergency Economic Stabilization Act of 2008 (the “Act”), authorizing a $700 billion U.S. economic rescue plan, was passed by Congress on October 3, 2008, and President Bush has signed the Act into law. Since that date, financial industry regulators have announced a number of significant initiatives designed to foster liquidity and confidence in the U.S. financial system ...

On August 19, 2008, the Centers for Medicare and Medicaid Services ("CMS") published the 2009 Final Rule regarding the Hospital Inpatient Prospective Payment System ("IPPS"). The 2009 IPPS Final Rule adopts, as final, numerous changes to the Stark Law regulations that were proposed in the 2009 IPPS Proposed Rule, including changes that were proposed in the 2008 Medicare Physician ...

On September 25, 2008, President Bush signed into law the ADA Amendments Act of 2008 (“ADAAA”). This legislation, which takes effect January 1, 2009, will expand the definition of disability and add standards for determining whether an impairment substantially limits an individual’s major life activities. The ADAAA explicitly overrules several Supreme Court decisions ...

Recently, in Peters v. Gilead Sciences, Inc., a federal court for the state of Indiana ruled that employers can be bound by the representations they make in their employee handbooks. This decision has potentially far-reaching effects and provides a warning to Indiana employers that what you say, and what you fail to say in employee handbooks, can and will be used against you.

In Peters

While numerous federal and state laws make various employment-related behaviors illegal, no state has enacted any law dealing with “workplace bullying.” Rather, the current scheme governing workplace conduct only prohibits discrimination and harassment on the basis of specified characteristics like sex, race, gender, and age.

However, the Indiana Supreme Court recently ...

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