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Posts from April 2011.
Posted in Litigation

Companies can now use arbitration clauses in contracts to prevent many types of class action claims, according to a recent U.S. Supreme Court ruling. The decision may impact how a dispute with your cell phone service provider would be resolved.  In AT&T Mobility v. Concepcion, a cell phone customer sued AT&T for advertising that a phone would be “free” but then charging the customer ...

A few weeks ago, Dr. Susan Mangiero and I jointly presented a webinar on the topic of pension risk management and fiduciary liability with a particular emphasis on public plans. My comments reflected my unique experience as the former executive director of the $17 billion Indiana Public Employees' Retirement Fund (PERF). Dr. Mangiero shared her views as an independent risk ...

Posted in Real Estate

Brad Wilt and I recently authored this article on the Indiana Home Improvement Contract Act, which impacts both home improvement contractors and anyone looking to have improvements made to their residence. A preview is below. Visit the Indiana Association of Plumbing, Heating and Cooling Contractors website for the full article >>

The Indiana Home Improvement Contract Act, Indiana ...

Posted in Government

On Monday, the Indiana Court of Appeals reversed a controversial decision by the Indiana Utility Regulatory Commission regarding the BP Whiting refinery.  The Court of Appeals reversed the IURC and held that BP was not a public utility when it sold electricity to Marsulex, and that BP did not violate the Service Area Assignments Act.  The Court of Appeals ruled, however, that BP is a public ...

Posted in Litigation

On Monday, the Indiana Court of Appeals upheld a conviction in Staten v. State for a class A misdemeanor of operating a vehicle while intoxicated in a manner that endangers another. Staten was driving on an access road when he failed to stop at a three-way stop sign. No one was on the road or nearby other than the officer. When the officer pulled him over, Staten smelled of alcohol and said he ...

UPDATE:  The FY2011 budget recently passed by Congress and signed into law has capped expenditures by the PTO at an amount less than its expected revenues. Because the PTO now could not use the fees collected under the "Track One" program (discussed below) to cover the additional costs incurred for those applications, the PTO has indefinitely suspended implementation of the Track One ...

Posted in Estate Planning

April 16 marks the fourth annual National Healthcare Decisions Day (NHDD), which encourages individuals to connect with the healthcare community and attorneys to discuss advance directives and advance care planning. Events throughout both Indianapolis and the nation are planned to empower individuals to consider their end-of-life preparations, such as the creation of a living ...

Posted in Litigation

On Monday, in Zoeller v. East Chicago Second Century, Inc., the Indiana Supreme Court unanimously reversed the trial court’s dismissal of the Attorney General’s constructive trust and unjust enrichment claims against a for-profit corporation that received riverboat gambling funds intended to benefit the community. 

The Court found that when seeking a riverboat casino ...

Posted in Litigation

Should the City of Evansville have to pay for a child’s dog-bite?

The Indiana Supreme Court heard argument on March 30 and will provide the answer in an upcoming opinion. The six-year-old victim, Shawn Davis, was playing in the street with neighbor Jessica Bays when he attracted the attention of Romeo, a sixty-pound Rottweiler belonging to Thomas Minor. The dog attacked Shawn from ...

Posted in Litigation

A landowner who turned a neighbor’s property into wetlands may have to pay the neighbor damages, a recent Indiana Court of Appeals decision determined. Lake Erie Land Company bought a tract of former farmland in 1997. Over the next few years, the company intentionally converted the property into federally protected wetlands by removing the property’s drainage systems and ...

Posted in Litigation

On Thursday, April 9, 2009, the Indiana Supreme Court will hear oral argument in two appeals:

At 9 a.m., the Court will hear argument in Matter of Estate of Inlow, which will address the Hamilton Superior Court’s order approving reimbursement of funeral and burial expenses from payment made in conjunction with the settlement of wrongful death claims. 

Posted in Litigation

The State of Indiana filed a protective order in March 2011 asking the Marion Superior Court to block IBM's attempts to take the deposition of Governor Mitch Daniels in the IBM-Indiana litigation regarding IBM's $1.37 billion contract to modernize the state's welfare system.  IBM's lead attorney argues that Daniels was a key player in the project and that he has a duty to share ...

The Commonwealth of Kentucky provides many tax incentives for individuals and businesses to go green. 

As a manufacturer, what can you do to protect your company against product liability claims? Ensuring that proper processes are in place and identifying red flags can help protect your company. There are a number of ways consumers can claim product liability. The following examples break down some of the primary areas of concern for manufacturers today, and how you can limit your ...

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