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Drilling Down on Termination Clauses in Oils and Gas Leases L.C. Neely Drilling, Inc. v. Hoosier Energy Rural Electrical Cooperative, Inc., 8 N.E.3d 251 (Ind. Ct. App. 2014)

| Oct 7, 2014 |

The Indiana Court of Appeals recently issued an opinion explaining the difference between two common types of termination clauses in oils and gas leases. The first, known as a “drill or pay” clause, obliges the lessee to either commence production within a certain timeframe or pay advance royalties, but does not operate to automatically terminate the lease in the event…

Indiana Labor Law – Do the Employee’s Online Actions Fall Within the Scope of the Act?

| Jul 2, 2014 |

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 Utility Law—Failure to Supply Accurate Location of Underground Facilities Bars Negligence Suit

| Jun 21, 2014 |

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

| Jun 18, 2014 |

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

| Apr 5, 2014 | , ,

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

| Mar 11, 2014 |

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.…

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