Month

October 2014
Although employees with serious health conditions are entitled to take leave under the Family and Medical Act (FMLA), employees are learning more and more ways to abuse this leave – especially when it comes to intermittent leave. What can employers do to help curb this FMLA abuse? The first thing employers should do is look...
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The Indiana Court of Appeals recently ruled in Hi-Tec Props., LLC v. Murphy that a rental agreement clause, which immunized the landlord from damages caused by mold, was contrary to public policy, inconsistent with common-law principles of tort law, and void altogether.  The Court concluded that it is well-settled that a landlord may be held...
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The Sierra Club recently lost a case against a utility company in which it alleged that particulate matter emanating from a Texas coal-fired power plant violated federal environmental laws. In Sierra Club v. Energy Future Holdings Corp., No. W-12-CV-108 (W.D. Tex. March 28, 2014), the United States District Court ruled against Sierra Club on all...
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Congratulations to KDDK attorney Ryan M. Schulz, who recently received the 2014 Donald R. Lundberg Writing Award presented by the Indiana State Bar Association Young Lawyers Section. Ryan M. Schulz, an attorney who is licensed to practice in Indiana and Kentucky, focuses his practice on business law, real estate law, construction law, estate planning, and litigation...
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A recent Indiana Court of Appeals decision has made it a little tougher for a former land owner to escape liability under Indiana’s Environmental Legal Actions statute (ELA).  On September 19, 2014, the Court of Appeals reversed a prior trial court’s grant of summary judgment in favor of a prior land owner, thus pulling them...
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