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Posts from September 2009.
Posted in Litigation

In Kovach v. Caligor Midwest, the Indiana Supreme Court unanimously affirmed a summary judgment in favor of manufacturer and distributor defendants in a product liability case on a rarely applied basis:  a failure of proof on proximate cause.

The plaintiffs in Kovach alleged that the medicine cup used to give a fatal overdose of pain medication to their son was defectively designed, and ...

Posted in Litigation

The Indiana Supreme Court issued three opinions last week.

In Rovai v. Rovai, the Court addressed a recurring situation in which a trial court awards one divorcing spouse the marital residence, but requires that spouse to pay the other a share of its value at some later date.  In this case, the trial court reduced such a decree to a judgment, specifying that the judgment was to be paid without ...

Posted in Real Estate

Given the current economic climate, Indiana attorneys practicing in the areas of real estate and construction law have likely been faced with an increasing number of questions regarding foreclosures. For most clients on the creditor side, the bottom line question will be “How do I get paid?” The appropriate response to that question involves an analysis of lien priorities, especially if the particular real estate is encumbered by both a mortgage and a mechanic's lien. These issues are certainly not new under Indiana law, although the law on this issue continues to evolve.

Employees and employers alike have watched their retirement portfolios steadily decline during recent economic times. This decline has increased the popularity of alternative investments in IRA's. Alternative investing with IRA's, however, could lead to unexpected tax consequences.

The term "alternative investments" refers to investments other than investments in ...

Whether your workers are independent contractors or employees is determined by the circumstances surrounding the performance of each worker’s services for you, not by submitting a Form 1099 or Form W-2 to the IRS. Many employers make the mistake of unilaterally and summarily classifying their workers as independent contractors without actually analyzing the necessary factors.

For more than 20 years, lawyers at Bingham McHale have represented long-term care clients in criminal, civil, regulatory and administrative matters throughout the country. As Special Counsel to the Indiana Health Care Association, we have provided emergency hot-line legal advice 24/7 to providers who are confronted with Attorney General neglect and abuse investigations. To ...

Employers that require non-exempt hourly employees to use smartphones (PDAs, i-Phones, Blackberries, etc.) and respond to e-mail messages and phone calls during after-work hours might be susceptible to lawsuits for violations of the Fair Labor Standards Act ("FLSA"). As reported in a recent Wall Street Journal article, two lawsuits have been filed in federal district courts in ...

Bingham McHale, LLP is the first law firm in Indiana to form a multidisciplinary Equine Law practice catering to the specific business and legal needs of equine owners, professionals, corporations and entities across the state.

If you have a legal issue involving horses, it is best to consult with an attorney experienced, knowledgeable and familiar with the horse world. Whether you ...

In January, the Floyd County Circuit Court ruled that a local public utility did not meet the requirements to take property through eminent domain because the utility had not demonstrated an “immediate need or present need” for the private property. This ruling appears to be the most restrictive court interpretation of utilities’ condemnation powers in recent years.

In the ...

Long-term care providers who maintain good clinical records will be the ones most likely to succeed under the federal government’s effort to combat fraud and abuse in the Medicare program - called the Recovery Audit Contract (RAC) program - according to Golden Living’s senior vice-president and chief legal officer David Beck.

Beck says that Golden Living benefited from being ...

Medicare providers are now experiencing the “calm before the storm” as they await the start of CMS’ latest effort to root out fraud and abuse in Medicare - the Recovery Audit Contractor (RAC) program - which is slated to start nationwide by Jan. 1, 2010. (See below how one health care provider - Golden Living, of Fort Smith, AR - is preparing for the RAC “storm.”)

The Medicare ...

Many equine activity sponsors and equine professionals post the obligatory warning sign mandated by Indiana’s equine activity liability statute and assume they are immune from any and all liability resulting from the injury or death of a participant involved in an equine activity. However, to gain the full protection of the statute, equine activity sponsors and equine ...

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