Recently, a federal appellate court issued a decision which should make employers even more cautious in administering their FMLA policies. Suzan requested FMLA leave to care for her married, adult daughter, who was undergoing treatment for thyroid cancer. Suzan’s employer, Harbor Crest, granted her request for FMLA leave. While on FMLA leave, in the course of...Read More
Currently, same-sex spousal leave under the Family and Medical Leave Act (FMLA) is only available to employees who reside in a state that recognizes same-sex marriages. For example, an employee who validly entered into a same-sex marriage in one state, but now resides in a state that does not recognize same-sex marriages, would not be eligible...Read More
Two federal appeals court issued conflicting rulings today on whether the government could offer subsidies in the form of tax credits on health insurance premiums for people in approximately 36 states who purchased insurance on federally-run exchanges under the Affordable Care Act. U.S. Court of Appeals for the District of Columbia Circuit: Government CANNOT Subsidize...Read More
Ever increasing demands are being placed on the American health care industry by our growing population and the complexity of medicine. In response, our health care system is seeing an explosion in the ancillary health care professions, including advanced practice nurses. In Indiana, an advanced practice nurse (APN) may be authorized by law to independently evaluate...Read More
Kahn, Dees, Donovan & Kahn, LLP (KDDK) has been awarded recertification in Meritas, a global alliance of independent business law firms. KDDK joined Meritas in December 1994, and, as a condition of its membership, is required to successfully complete recertification every three years. Meritas is the only law firm alliance with an established and comprehensive...Read More
“It’s hard not to be romantic about baseball,” begins the Indiana Supreme Court in its recent decision in South Shore Baseball, LLC d/b/a Gary South Shore Railcats and Northwest Sports Venture, LLC v. Juanita DeJesus. The case arose when Juanita DeJesus was hit by a pop-up foul ball during the opening day Gary South Shore Railcats...Read More
Under Indiana law, newly-formed entities are generally required to designate a registered agent for the purposes of receiving service of process in Indiana. However, business entities formed after June 30, 2014, will face new formation and organization requirements as a result of recent legislative changes. For example, effective July 1, 2014, newly-formed entities including limited...Read More
The local construction industry has come a long way since the economic challenges of 2008, but still leaves much to be desired in Southwestern Indiana. As builders continue to focus on their bottom lines for each project, price is usually what gets primary attention. However, one area likely to make the black ink turn red...Read More
The Supreme Court ruled earlier this week 5-4 in favor of Hobby Lobby Stores, Inc. and Conestoga Wood Specialties Corp. in the case of Burwell v. Hobby Lobby (formerly named Sebelius v. Hobby Lobby). The case was the strongest legal challenge to the Affordable Care Act since 2012. The case concerned the Department of Health and Human Services...Read More
On June 19, 2014, the Supreme Court of Kentucky decided Creech v. Brown, concluding more than five years of litigation over the enforceability of an employer’s non-compete agreement. The employer lost, and Kentucky employers wishing to avoid the same fate should consider this decision carefully. Brown worked for Creech for 18 years. Creech is in the...Read More
