On Monday, April 27, 2015, the Evansville City Council passed G-2015-11, an ordinance amending Chapter 15.15 of the City of Evansville Code of Ordinances.  This ordinance prohibits the construction or erection of fencing and retaining walls within a drainage easement. The ordinance gives the Building Commissioner or Code Official the authority to order the removal...Read More

In its decision handed down today, the Indiana Court of Appeals again affirmed that the common law “known loss” doctrine obviates an insurance company’s obligation to defend or indemnify its insured regarding remediation action required by the Indiana Department of Environmental Management (IDEM). We frequently stress to clients the importance of performing appropriate due diligence...Read More

Several clients have contacted us concerning a document or correspondence they received which appears to have been sent by a government office, “Corporate Services” or other similar name.  This correspondence generally solicits a fee to keep and process the business’s annual records, cites Indiana Code, requests corporate information, and gives the impression that the business needs to...Read More

[vc_row][vc_column][vc_column_text]The Indiana Supreme Court ruled yesterday that two provisions of Indiana’s Right to Work Law – Indiana Code sections 22-6-6-8 and 22-6-6-10 – do not violate the Indiana Constitution, reversing Lake County Superior Judge John M. Sedia’s ruling from July. Indiana’s Right to Work (“RTW”) Law has been fiercely contested by organized labor since its inception,...Read More

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...Read More

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...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

[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...Read More

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...Read More

[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...Read More