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Although it ruled that Indiana’s ban on same-sex marriage was unconstitutional, the 7th Circuit has now granted Attorney General Zoeller’s request for a stay on that ruling until the U.S. Supreme Court acts on Indiana’s appeal requesting that the ruling be overturned. For more information, please contact Indiana attorney Steve Lavallo at (812) 423-3183 or...
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In Rogan v. U.S. Bank, N.A. (In re: Partin), Adv. No. 14-5015 (E.D. Ky., Sept.9, 2014), a bankruptcy case in the Eastern District of Kentucky, the bankruptcy trustee sought to avoid three mortgages filed on the debtor’s property in Jessamine County.  The trustee argued that the mortgages were invalid because the bank had not properly...
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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...
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[vc_row][vc_column][vc_column_text]This morning, the U.S. Supreme Court issued its decision in Noel Canning (NLRB v. Noel Canning, et al., 573 U.S. ___ (2014)) affirming the U.S. Court of Appeals for the District of Columbia Circuit’s decision that members of the National Labor Relations Board (“NLRB”) were inappropriately appointed by President Obama. In Noel Canning, the NLRB...
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U.S. District Judge Richard Young has ruled that Indiana’s ban on gay marriage violates the U.S. Constitution’s equal-protection clause.  This ruling comes on the heels of rulings by Federal Courts across the country similarly striking down state bans on gay marriage.  It is expected that the Supreme Court will soon hear this issue. For more...
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[vc_row][vc_column][vc_column_text]The National Labor Relations Board’s deadline to submit briefs in Purple Communications, Inc. is June 16, 2014, signaling the Board’s decision on whether employers must permit employees to use workplace email for purposes of union organization may not be far away. In Register Guard, a decision issued under the Bush administration in 2007, the Board...
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Environmental legislation proposed during the 2014 Indiana Legislative Session was a shot across the bow to Indiana insureds. As originally introduced, HB1241, would have drastically impacted environmental insurance coverage in Indiana for all those holding title to real estate. The proposed legislation was an attempt to enforce the pollution exclusion clauses in Commercial General Liability policies in...
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[vc_row][vc_column][vc_column_text] The U.S. District Court for the Middle District of Florida recently denied a National Labor Relations Board (NLRB) Regional Director’s petition for an injunction against a national transportation company because the NLRB did not demonstrate that the alleged unfair labor practices caused employee support for the Union to decline to the point where awaiting...
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On February 10, 2014, the Obama administration announced that it will delay implementation of part of the Affordable Care Act’s employer mandate for a second consecutive year. The Treasury Department stated it will delay the mandate’s penalty for small businesses who employ between 50 and 99 workers for one additional year, to 2016.  Employers with...
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Due to a recent decision by the Indiana Tax Court in Joseph and Jeanne Hutcherson v. Robin L. Ward, Hamilton County Assessor, Indiana taxpayers may petition to correct errors under Indiana Code 6-1.1-15-12 relating to their property tax assessment beyond the former three (3) year limitation period. The Indiana Tax Court itself noted that its...
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