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By : Michael DiRienzo

Moratorium on Evictions and Foreclosures in Indiana Extended

In March, Indiana Governor Eric Holcomb ordered a temporary prohibition on both eviction and foreclosure proceedings that involve residential real estate in Indiana. This followed and expanded upon the U.S. Department of Housing and Urban Development’s order to temporarily p...

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SCOTUS Clarifies “Actual Fraud” Bankruptcy Exception; Companies Should Take Utmost Care in Managing Assets

When does omission become a lie?  Is it still lying if you don’t actually make any false statements?  Consider the same in the context of fraud. Fraud by omission is still fraud, as recently held by the Supreme Court of the United States.  Previously, the courts required some affirmative “lie” or...

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Importance of Neutral Campus Speech Zone Policies

Recent cases in Illinois and Alabama involving controversial displays and leaflets help illustrate the guidelines public universities must follow when dealing with the expressive activities of students and visitors. In general, a university that permits students and outside visitors access to a por...

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Termination of Bankrupt Member’s Interest in LLC Violates Automatic Stay

The U.S. Bankruptcy Court for the Southern District of Indiana recently held that a limited liability company could not terminate a member’s voting rights in the company during the member’s bankruptcy case, without first seeking relief from the automatic stay. When a bankruptcy petition is filed, t...

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Statistics Show Decline in Local Bankruptcy Filings

According to figures released on April 24, 2014, by the United States Bankruptcy Courts, bankruptcy filings in the Southern District of Indiana, Southern District of Illin...

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U.S. Supreme Court Rules Against Government in Rails-to-Trails Case

In a case that may have implications on thousands of miles of former railroads that have since been con...

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Importance of Limited Release in Environmental Coverage Dispute

A recent decision from the Indiana Court of Appeals illustrates the importance of using unambiguous language in release agreements with insurance companies, especially in cases involving coverage for cleanup of environmental contamination. In United States Fidelity and Guaranty Company v. Warsa...

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Contractor Goodwill Gestures Binding

The Indiana Court of Appeals recently held that a contractor who proposes a goodwill gesture to resolve a dispute with an unsatisfied customer may be bound by such offer and is liable for breach of contract if it fails to follow through to the customer’s satisfaction. In David Vance v. Francisco Loz...

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Indiana Tax Sale Notice Statute Ruled Unconstitutional

On July 16, 2012, the Indiana Court of Appeals issued an opinion in  M & M Investment Group, LLC v. Ahlemeyer Farms, Inc. and Monroe Bank declaring the pre-sale notice provisions of the tax sale statute to be unconstitutional.  In this case Monroe Bank challenged the constitutionality o...

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