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Litigation, Trials and Appeals
The attorney-client privilege is the oldest and possibly most important common law privilege in the American legal system.  The attorney-client privilege protects communications between a client and his or her lawyer, provided the discourse is only between privileged persons and is spoken or written in confidence for the purpose of seeking, obtaining, or providing legal...
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Last week, the U.S. Supreme Court reaffirmed the legality of the Federal Arbitration Act (“FAA”) and employer arbitration agreements in Kindred Nursing Centers, Inc. v. Clark.  This ruling from the nation’s highest court is undoubtedly a positive one for employers who wish to arbitrate disputes rather than going to court. In Kindred, the U.S. Supreme...
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[vc_row][vc_column][vc_column_text]Kahn, Dees, Donovan & Kahn, LLP (KDDK) – an experienced full-service law firm dedicated to effectively serving the legal needs of business and individual clients since 1908 – is pleased to announce that Ryan M. Schulz has been named a partner in the firm, effective January 1, 2017.[/vc_column_text][vc_row_inner][vc_column_inner width=”1/4″][vc_single_image image=”1898″][/vc_column_inner][vc_column_inner width=”3/4″][vc_column_text]Ryan M. Schulz focuses his...
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KDDK attorney Brian P. Williams will serve on the faculty for “Advanced Civil Litigation Skills in Indiana,” a two-day practical course presented by the National Business Institute (NBI) being held December 13 and December 14, 2016, at the Holiday Inn Airport, 7101 U.S. Hwy. 41 N., Evansville, IN  47725.  This advanced level seminar is designed for...
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The holiday season is a joyful time full of social celebrations.  Unfortunately, things can go wrong.  As a social host, you should be aware of your responsibilities to your guests.  For instance, did you know that social hosts are generally liable for injuries sustained while guests are on their property?  Or that, under Indiana law,...
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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...
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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...
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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...
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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...
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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...
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