Ever since the signing into law of the Indiana Medical Malpractice Act (MMA) by Governor Otis Bowen in 1975, physicians and other health care providers in Indiana have had no worries about potential exposure of their personal assets as the result of a judgment in favor of a patient in a medical malpractice lawsuit. This...Read More

Manufacturers routinely rely on suppliers to provide quality components to be used in the final product. Manufacturers may assume that suppliers have a legal obligation to provide components that work properly. Indeed, the law does provide for certain warranties in the sale of goods even when the parties to the transaction do not reduce their supply agreement...Read More

Landlords who do not want tenants to sell the naming rights to their buildings need to include language to this effect in the lease. This was illustrated by a case recently decided by the Indiana Court of Appeals, Murat Temple Ass’n, Inc. v. Live Nation Worldwide, Inc. Court of Appeals of Indiana 953 N.E.2d 1125...Read More

The question routinely comes up of whether an employer may bring a lawsuit against a third party for injuries suffered by an employee as a result of a third party’s negligent act. For example, an employee is injured in an automobile accident with a third party.  The third party is at fault for the employee’s...Read More

In April 2012, Congress passed the Jumpstart Our Business Startups Act (“JOBS Act”).  Section 201(a)(1) of the JOBS Act directed the Securities and Exchange Commission (“SEC”) to remove the prohibition on general solicitation and general advertising for securities offered under Rule 506 of Regulation D, provided that such sales were limited to accredited investors and...Read More

The Obama Administration made a surprise announcement yesterday that implementation of the new employer and insurer reporting requirements under the Affordable Care Act (ACA) has been postponed. Planned to commence on January 1, 2014, implementation of the large employer penalty and related employer mandate have been pushed back one year. This means that employers and/or...Read More

KDDK attorneys Steven M. Theising and Ashley R. Bess today gave approximately 75 local business representatives a “reality check” as deadlines related to the Patient Protection and Affordable Care Act approach. Among many key topics addressed were coverage changes, the individual mandate, health insurance exchanges, the employer mandate, and taxes, credits and fees for individuals...Read More

Deadlines related to healthcare reform in Indiana are rapidly approaching.  Is your business ready?  (Are you sure?)  If not, there’s still time to register for a FREE business seminar re: the Patient Protection and Affordable Care Act presented by KDDK attorneys Steven M. Theising and Ashley R. Bess. Sponsored by WorkOne Southwest and the Gibson...Read More

In May, Indiana Governor Mike Pence signed a new law allowing individuals arrested or convicted of certain crimes, after a certain number of years from the conviction, to petition the court and request that the record of their conviction be expunged from the court’s files and from the files of the Department of Corrections and...Read More

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. Warsaw Chemical Company, Inc., 49A04-1203-CT-97, the Court reversed a $417,953.00 judgment in favor of Warsaw...Read More