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Monthly Archives: October 28, 2014

Curbing Intermittent FMLA Abuse

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 fir...

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Landlord Liability and Known Defects

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...

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Settle or Risk Paying Both Sides’ Legal and Expert Fees

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 Unite...

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KDDK Attorney Schulz Wins Statewide Writing Award

[caption id="attachment_6355" align="alignleft" width="150"] Ryan M. Schulz[/caption] Congratulations to KDDK a...

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Escaping Indiana Environmental Legal Actions

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 lan...

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