In its September 8, 2016, decision, the Indiana Court of Appeals made clear that timing is everything when filing a claim. In V. Ganz Builders & Development Company (VGB) v. Pioneer Lumber, Inc., the court considered whether a statute of limitations defense remained valid even if the defense was not raised in the party’s first answer...Read More

The Indiana Court of Appeals today affirmed a trial court’s ruling in favor of a congregation that broke away from a church denomination. The case, Church of the Brethren, South/Central Indiana District v. Roann Church of the Brethren, Inc., Roann Break-Away Group and the Roann Church, Inc., involved allegations from the denomination that it was entitled...Read More

The Sierra Club recently lost a case against a utility company in which it alleged that particulate matter emanating from a Texas coal-fired power plant violated federal environmental laws. In Sierra Club v. Energy Future Holdings Corp., No. W-12-CV-108 (W.D. Tex. March 28, 2014), the United States District Court ruled against Sierra Club on all...Read More

A recent Indiana Court of Appeals decision has made it a little tougher for a former land owner to escape liability under Indiana’s Environmental Legal Actions statute (ELA).  On September 19, 2014, the Court of Appeals reversed a prior trial court’s grant of summary judgment in favor of a prior land owner, thus pulling them...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

“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

Recently, the Southern District of Illinois had occasion to address what are becoming familiar requests for production of parties’ Facebook pages.  See Stallings v. City of Johnston City, 2014 U.S. Dist. LEXIS 68566 (S.D. Ill. 2014).  The dispute underscores the importance of making sure you and your attorney understand the types of available evidence on...Read More

With the cold temperatures and unusually high snowfall amounts, the number of slip and fall accidents on sidewalks is high in the Tri-State this year. For business owners, this may give rise to the question, “is an injury from a slip and fall my responsibility?” The answer, like most things in the law, is not...Read More

If you own a company that provides cell phones and/or tablets to its employees, take note:  text messages of your employees are subject to litigation hold notices, too, just like email, files on your computers, and physical files. As was made abundantly clear by the Southern District of Illinois in its recent, lengthy opinion in...Read More

All of us know that Americans are spending more time with social networking.  Those aged 18 to 64 who use social networks say they spend an average of 3.2 hours per day doing so, according to new research released by Ipsos Open Thinking Exchange (OTX). The law governing providing notice of a lawsuit to individuals...Read More