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Posts from February 2009.

Greenebaum Doll & McDonald PLLC recently helped a start up Russian airline purchase seven aircraft (Embraer EMB-120s), which allowed for expanding air service in the far reaching areas of Eastern Russia for the first time in more than ten years. 

 

Not only did Greenebaum perform the pre-purchase due diligence and analyze the tax effects of the purchase, the firm also advised the client ...

The Lexington-Fayette Urban County Government (LFUCG) recently revised Chapter 13 of the Code of Ordinances (Code) to provide for a new annual minimum occupational license and license tax.

The Code now provides that every entity doing business in the LFUCG must obtain an occupational license each year and that a separate license must be obtained for each additional location.  For ...

On February 26, 2009, the Sixth Circuit Court of Appeals affirmed the United States Environmental Protection Agency’s (EPA) decision to deny Sierra Club’s petition to object to a Title V air permit issued by the Kentucky Division for Air Quality (DAQ) to East Kentucky Power Cooperative (EKPC) for its Hugh L. Spurlock Generating Station.  Sierra Club v. U.S. EPA,  No. 07-4485 ...

Posted in Litigation

On February 10, in McCullough v. State, the Indiana Supreme Court ruled that a defendant who asks an appellate court to use its constitutional authority to “review and revise” his sentence opens the door for the State to argue the sentence should be higher.  (See our recap here).

Today, the Indiana Court of Appeals demonstrated that a defendant also risks an increased sentence if he ...

A new provision in Congress’ recently passed stimulus package, called the Employ American Workers Act (EAWA), will prohibit financial institutions that receive certain federal funds from hiring foreign workers under the H-1B program for two years. 

Specifically, the EAWA places new restrictions on H-1B petitions filed by any company that receives funding under the Troubled ...

Posted in Litigation

In addition to the arguments previewed below, the following arguments will be held this week:

On Wednesday, February 25, at 1:25 p.m., the Indiana Court of Appeals will hear oral argument in the Little Theater room at Lawrence North High School in Indianapolis.  In Fort Wayne Patrolmen’s Benevolent Association v. City of Fort Wayne, the court will hear arguments about whether an ...

Posted in Litigation

Friday, the Indiana Court of Appeals addressed an issue of first impression in Indiana law:  under what circumstances, if any, an issuing bank may properly refuse to pay a cashier’s check.

In South Central Bank of Daviess County v. Lynnville National Bank, the Court of Appeals reversed a trial court’s conclusion that an issuing bank rightfully refused to pay a cashier’s check ...

Posted in Litigation

Today, the Indiana Supreme Court held that Criminal Rule 4(C)’s one-year period for bringing a defendant to trial is tolled when trial court proceedings are stayed pending an interlocutory appeal by the State.

In Pelley v. State, the defendant Robert Jeffrey Pelley was arrested in August 2002 and charged with murdering his father, stepmother, and two stepsisters.  He was not tried ...

President Obama yesterday signed into law the American Recovery and Reinvestment Act of 2009 (Act) which, among other provisions intended as economic stimulus, provides federal assistance to workers who lose their jobs to help them maintain their group health coverage.  The Act contains a COBRA subsidy which is expected to increase the number of qualified beneficiaries electing ...

Posted in Litigation

Today, the Indiana Supreme Court affirmed a three-year sentence entered pursuant to a plea agreement that the State would “recommend” that term of imprisonment to the trial court.  In St. Clair v. State, the defendant argued that because the plea agreement "recommended" the three-year term, the trial court "was authorized to impose any lawful sentence, a sentence subject to ...

Posted in Litigation

On Tuesday, Feb. 24, the Indiana Court of Appeals hears oral argument in Board of Commissioners of Hendricks County v. Town of Plainfield, concerning county and town ordinances that both purport to exercise jurisdiction over the same piece of property in Hendricks County.  See the court’s summary of the case here.

On Thursday, Feb. 26, beginning at 9 a.m., the Indiana Supreme Court ...

Posted in Litigation

Today, the Indiana Court of Appeals affirmed a trial court’s dismissal of a derivative action filed by two former shareholders of Biomet, Inc.  In Long v. Biomet, Inc., the Court of Appeals concluded:  (1) the shareholders lost standing to maintain their derivative action once the sale of all of Biomet’s shares to, and the company’s merger with, a new owner was completed; and (2) the ...

Posted in Litigation

Remember the Fireman’s Rule from the Bar Exam?  If not, the Indiana Court of Appeals today provided an in-depth recap of the subject in Babes Showclub, Jaba, Inc. v. Lair.

In Babes Showclub, the plaintiff – and Indianapolis police officer – responded to a complaint at the defendant club’s premises.  While responding, he was allegedly assaulted by an underage male who had been ...

On January 30, 2009 the Kentucky Division of Water issued for public comment a revised draft KPDES general permit that would authorize discharges of storm water from construction activities.  The draft permit would replace the previous general permit that expired on September 30, 2007 but has continued in effect for discharges authorized under the permit prior to its expiration.  The ...

Access to Federal Stimulus Package Dollars Will Require a Well-Planned Advocacy Strategy

Whether you are a corporation, government agency, utility, public/private partnership or economic development authority, you may benefit from President Obama's proposed economic stimulus plan.  The summary below outlines the proposal and identifies the key steps to take when making a ...

Posted in Litigation

Today, the Indiana Supreme Court held that defendants who ask an appellate court to “review and revise” their sentences - pursuant to the court’s state constitutional authority to do so - open themselves up to the possibility that their sentence might be revised upward.

In McCullough v. State, all five Justices agreed that the judiciary’s power to “revise” criminal ...

Greenebaum Doll & McDonald PLLC's Privacy Team is a multidisciplinary group formed to assist clients in understanding and complying with the increasing number of privacy and security laws and regulations being passed by state and federal government. Members from Greenebaum's Privacy Team bring knowledge from a broad range of practice areas including health care, insurance ...

If your business receives or issues purchase orders or invoices for products or services on a regular basis, you may have encountered a situation where both the Buyer and Seller have issued forms with different terms for the same transaction. In the legal world we call this situation a “Battle of the Forms.” In the real world, it can lead to delays and confusion, and, in the worst cases ...

Now could be an opportune time to buy "distressed" property in Marion County. In addition to the available bank-owned properties and foreclosures on the market, thousands of properties were made available to the public at the Marion County tax sale on January 16, 2009. Between 2,000 and 2,500 properties remained unsold after at the sale, which means that the upcoming surplus sale in ...

One of the early contributing factors to the current economic downturn was the dramatic increase in home foreclosures across the country. Due to job losses and speculative buying, home foreclosures became more pervasive in many regions of the United States, even in Indiana’s traditionally modest-growth real estate market. Unfortunately, along with the increase in foreclosures ...

The term "short sale" is being used with more frequency as real estate prices decline and some property owners struggle to make mortgage payments. A sale is "short" when a property owner must sell a property for less than the amount owed to the bank. The sale comes up "short" and the bank may agree to accept less than the amount owed if a bona fide offer to purchase the property is presented.

Indiana is a judicial foreclosure state. While some states allow the lender to manage the foreclosure process, all foreclosures in Indiana require a court proceeding. Judicial foreclosures tend to take longer and are more regulated than non-judicial foreclosures.

The foreclosure process in Indiana begins with the filing of a complaint with a court in the county where the real estate ...

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