When the SIU Goes Too Far: The Role of the Arson Investigation in Civil Fire Cases
When the SIU Goes Too Far:
Indiana Labor Law – Do the Employee’s Online Actions Fall Within the Scope of the Act?
It is often difficult to discern whether the employee’s conduct online-whether it be posting pictures, writing comments about the work environment or the employer, will constitute protected concerted activity. This determination will determine what actions, if any, an employer may take against an employee when s/he as posted online content, and more broadly, the cases which follow can allow an…
Indiana Business Law – CBR Event Decorators, Inc. v. Gates
On March 3, 2014 the Indiana Court of Appeals clarified that shareholders cannot be held personally liable for attorney fees in a wrongful stop payment of a check under Indiana Code section 26–2–7–5 unless the corporate veil can be pierced. CBR Event Decorators, Inc. v. Gates, 4 N.E.3d 1210 (Ind. Ct. App. 2014). In CBR I, the court held that…
Indiana Utility Law—Failure to Supply Accurate Location of Underground Facilities Bars Negligence Suit
In January, 2014 the Indiana Court of Appeals found that failure to supply an accurate map of underground facilities may bar negligence suits against contractors who properly file an intent to excavate with the Indiana Underground Plant Protection Service in compliance with the Indiana Damage to Underground Facilities Act (DUFA). City of Fort Wayne v. Northern Indiana Public Service Company,…
Indiana Utility Law: Changes to the Indiana Code for Temporary Discounts and Private Generation Projects in HEA 1423
HEA 1423 was signed into law on March 27, 2014 and it makes two important changes. 1) The new law expands the temporary discount program for companies hiring in Indiana by: reducing the threshold for utility discount applications from a maximum demand of at least ten megawatts to five megawatts opening the discount to prospective employers, who may be considering…
Read Your Policy: Even if You Don’t, the Court Will Assume You Did — or Should Have
Insurance policy forms are about as much fun to read as the tax code or your credit card agreement. Typically, these forms consist of various parts and pieces that refer back to one another and can only be made sense of using highlighters, sticky notes, and a diagram. Nevertheless, they are critically important documents that set forth your rights and…
Notices to Obtain Tax Deed Found Sufficient
In a March 2014 decision, the Indiana Court of Appeals found an individual complied with Indiana’s statutory notice requirements to properly obtain a tax deed by sending notices by certified mail1, even though signature upon delivery was not requested, return receipt was not requested, and there was no evidence that delivery of the notice was tracked or verified. Gupta v.…
$300,001 Indiana Jury Verdict in Insurance Bad Faith Suit
Varda v. Auto-Owners Insurance Company
WHO SAYS FARMERS DON’T NEED WORKER’S COMP INSURANCE?
Despite efforts to provide a safer work place on the farm, history has shown that agricultural activities are still among the most dangerous in terms of job-related injuries. Indiana law requires most employers to provide worker’s compensation insurance coverage for the benefit of employees. That insurance pays for necessary medical care, lost wages, and permanent impairment from injuries arising out…
In re: Carroll County 2012 Tax Sale (Indiana Utility Law)
An Indiana appellate court has recently upheld the judgment of a trial court, holding that a sewer lien could not be enforced by selling a property at a tax sale when that lien was the only lien that existed on the property. In In re: Carroll County 2012 Tax Sale, 993 N.E.2d 635 (Ind. Ct. App. 2013), a regional sewer…