Time To Review Your Policy
Fires. Floods. Tornadoes.
Renewable Energy Law: Muscarello v. Winnebago County Board, Case No. 11-2332 (7th Cir. 2012)
A federal appeals court recently affirmed a lower court’s dismissal of a lawsuit where the plaintiff alleged a taking under the federal and Illinois state constitutions, as well as nuisance claims, and procedural challenges to an amendment of a county ordinance in regard to a renewable energy wind project. In Muscarello v. Winnebago County Board, the plaintiff, a landowner with…
Indiana Utility Law: Duke Energy Indiana, Inc. v. Office of Utility Consumer Counselor, 983 N.E.2d 160 (Ind. Ct. App. 2012)
The Indiana Court of Appeals affirmed an order from the Indiana Utility Regulatory Commission which denied an electric utility company’s petition to seek deferred-accounting treatment for storm-operating expenses. In Duke Energy Indiana, Inc. v. Office of Utility Consumer Counselor, 983 N.E.2d 160 (Ind. Ct. App. 2012), a southern Indiana wind storm in September 2008 and an ice storm in January…
The “Professional Services” Exclusion
You run a small business. Someone allegedly gets hurt while on your premises and you receive a letter from her attorney notifying you of the claim. You advise your insurance company, fully expecting them to come to your rescue and provide you with counsel to defend your business against the injury claim.
Indiana Utility Law: Wagler v. West Boggs Sewer Dist., Inc., 980 N.E.2d 363 (Ind. Ct. App. 2012)
The Indiana Court of Appeals recently affirmed a trial court’s refusal to set aside an agreement that was entered into by a non-for-profit utility-West Boggs Sewer District (“West Boggs”) and a group of Amish neighbors. The Court also affirmed the trial court’s decision in refusing to award attorney’s fees to West Boggs against most of the Amish parties. In Wagler…
EEOC Renders Guidance on Use of Arrest and Conviction Records in Employment Decisions
The U.S. Equal Employment Opportunity Commission (the “Commission”), the office which enforces Title VII of the Civil Rights Act of 1964 (“Title VII”), has released guidance this year on the consideration of arrest and conviction records in employment decisions.1 Title VII, as most employers are aware, prohibits employment discrimination based upon race, color, religion, sex, or national origin. In some…
National Labor Relations Board Review of Social Media Policies
In a memorandum released in 2012, the National Labor Relations Board (“NLRB”) explained its position on various social media policies after having reviewed the policies of seven employers, finding six of them to contain unlawful provisions. The rules cited by the NLRB apply to private sector employers and employees, regardless of whether or not employees are members of a labor…
FDA Releases Report on 5-Hour Energy, Monster Energy, and Rockstar Energy Drink
Have you consumed an energy drink, looking to find that big burst of energy suggested by the advertisements, only to find yourself feeling terrible afterward? If so, you are not alone.
Huge Explosion In Richmond Hill Subdivision in Indianapolis Kills Two, Injures Many, and Causes Widespread Damage
According to local news reports, two victims are confirmed dead and several others have been transported to local hospitals following a devastating explosion near Stop 11 and Sherman in Indianapolis. WISH-TV reports that Citizens Gas is on the scene investigating whether this explosion in the Richmond Hill subdivision was caused by a natural gas leak. At the time of this…
Methylprednisolone Acetate and Fungal Meningitis in Indiana
The CDC has identified cases of a rare and deadly fungal meningitis in Indiana and several other states. According to the Associated Press, the FDA has identified the New England Compounding Center in Framingham, Massachusetts as the pharmacy that supplied the steroid, known as methylprednisolone acetate, that was contaminated with a fungus.