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Parr Richey Frandsen Patterson Kruse LLP Legal Blog

Indiana Court of Appeals Decision Addresses Unreasonable Interference Protection for Easement Owners – Duke Energy Indiana v. J. & J Development Company

| Mar 11, 2020 | ,

On February 5, 2020, the Indiana Court of Appeals handed down an opinion that will have landowners thinking twice before interfering with easement owners’ rights. In Duke Energy Indiana v. J & J Development Company, J & J bought a piece of land with the intent of developing a residential subdivision. Duke Energy Indiana v. J & J Development Company,…

Indiana Court of Appeals Addresses Damages for Inherent Diminished Value of Personal Property

| Feb 28, 2020 | , , ,

On February 19, 2020, the Indiana Court of Appeals issued an opinion that clarified whether plaintiffs can recover damages for the inherent diminished value of personal property caused by the negligence of a tortfeasor. In Shield Global Partners-G1, LLC v. Lindsay Forster, the defendant rear-ended a pickup truck and admitted the accident was her fault. The truck was repaired after…

Punishment or compensation? Indiana Supreme Court decision guides enforceability of liquidated damages provisions in employment contracts

| Jan 20, 2020 |

The Indiana Supreme Court recently provided important guidance for employers looking to hold employees accountable for breaching non-solicitation clauses in employment agreements by providing for liquidated damages. In its December 18, 2019, majority opinion in American Consulting, Inc. d/b/a American Structurepoint, Inc. v. Hannum Wagle & Cline Engineering, Inc. d/b/a HWC Engineering, Inc. et al. (“ASI”),[1] the Court found that…

Seventh Circuit Narrows ADA Protection for Obese Employees: Shell v. Burlington Northern Santa Fe Railway Company

| Nov 21, 2019 |

Employers often express concern about obese employees in physically demanding jobs or jobs that involve driving a motor vehicle. Obesity causes increased risk of numerous conditions that can cause sudden incapacitation, such as heart attack or stroke.[1]  It is also linked with sleep apnea, which can cause exhaustion.[2]  As a result, employers often fear that an employee’s obesity creates a…

Seventh Circuit Finds Coverage “Illusory” in Commercial E&O Policy

| Sep 24, 2019 |

In an opinion handed down on September 23, 2019, the United States Court of Appeals for the Seventh Circuit has held that an exclusion for professional malpractice that applied to claims or suits “based upon or arising out of” a breach of contract was so extremely broad as to render the coverage illusory, requiring a remand to the district court…

“Denied! Rural California Telephone Companies Requests for Higher Cost of Capital are Refused” – Ponderosa Telephone Co., et al v. California Public Utilities Commission

| Sep 16, 2019 |

A California court of appeals recently held that utility companies operating in rural areas of the state do not collect a higher cost of capital, also referred to as a rate of return, than other utility companies. In Ponderosa Telephone Co. v. California Public Utilities Commission, several small, rural, privately-owned telephone companies asked the California court of appeals to review…

Moving to Federal Court: A Cooperative’s RUS Loan Provides a Colorable Federal Defense and Supports Federal Officer Removal Jurisdiction Under 28 U.S.C. § 1442 in a Patronage Capital Lawsuit” – Butler v. Coast Electric Power Association (“Patronage Capital”)

by | Sep 12, 2019 |

The United States Court of Appeals for the Fifth Circuit recently allowed a “patronage capital” lawsuit to continue in federal court after deciding federal loan conditions and requirements may preempt state laws.[1] One of the agencies within the United States...

Indiana Utility Law – NIPSCO Industrial Group v. Northern Indiana Public Service Co., 18S-EX-475 (Ind. 2019)

| Aug 20, 2019 |

On June 27, 2019, the Indiana Supreme Court concluded that Indiana utility companies may be estopped from challenging the use of customer class revenue allocation factors under Indiana’s Transmission, Distribution, and Storage System Improvement Charge statute (the “TDSIC Statute”)[1] if such companies demonstrate uncontested support of the factors’ use in prior proceedings and the challenge would cause injury to an…

Judgment Given: Citizens Challenging a Municipal Utility Ordinance Must Seek Administrative Remedies Before Turning to Civil Court “Municipal/Utility Law – Graham v Brownsburg (May 21, 2019)”

| Aug 12, 2019 | ,

In July 2018, the town of Brownsburg passed an ordinance introducing a new fee to certain water customers outside the town limits. The fee, pursuant to I.C. § 8-1-2-103(d), helped fund the town’s fire hydrants and had been imposed on all Brownsburg residents since 2010. Shortly after the ordinance’s enactment, Sabrina Graham and Kurt Disser (“Graham/Disser”), who live outside the…

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