Insights

Although employees with serious health conditions are entitled to take leave under the Family and Medical Act (FMLA), employees are learning more and more ways to abuse this leave – especially when it comes to intermittent leave. What can employers do to help curb this FMLA abuse? The first thing employers should do is look...Read More

The Indiana Court of Appeals recently ruled in Hi-Tec Props., LLC v. Murphy that a rental agreement clause, which immunized the landlord from damages caused by mold, was contrary to public policy, inconsistent with common-law principles of tort law, and void altogether.  The Court concluded that it is well-settled that a landlord may be held...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

Congratulations to KDDK attorney Ryan M. Schulz, who recently received the 2014 Donald R. Lundberg Writing Award presented by the Indiana State Bar Association Young Lawyers Section. Ryan M. Schulz, an attorney who is licensed to practice in Indiana and Kentucky, focuses his practice on business law, real estate law, construction law, estate planning, and litigation...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

As part of its efforts to implement regulatory reform, the Indiana Legislature has repealed the Indiana Responsible Property Transfer Law (“IRPTL”) effective July 1, 2014.  The repeal of IRPTL eliminates the statutory requirement that sellers of real property disclose potential environmental defects. IRPTL previously required sellers to disclose certain environmental conditions to buyers on the...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

KDDK attorneys Stephen S. Lavallo and Michael G. Smith will be the featured speakers for the Indiana Occupational Therapy Association (IOTA) Southwest District’s upcoming seminar presentation: “Legal Aspects of Documentation”   Steve Lavallo has more than 25 years’ experience representing businesses in the defense of worker’s compensation claims. He will discuss important aspects of record keeping for healthcare providers....Read More