Insights

In this digital age, it seems that everything is being recorded. Audio and video recording of ballgames, meetings and birthday parties with a cell phone is the norm. However, what about a patient’s office visit or a surgical procedure when the patient is under anesthesia? Can a patient in Indiana record these encounters? Should physicians and other...Read More

On July 14, 2014, the Equal Employment Opportunity Commission (“EEOC”) issued an enforcement guidance on the Pregnancy Discrimination Act (“PDA”) – the first guidance the commission has issued on the subject since 1983. In this guidance, the EEOC interprets employers’ obligations under the PDA in new ways, and it may have a significant impact on how...Read More

Recently, a federal appellate court issued a decision which should make employers even more cautious in administering their FMLA policies. Suzan requested FMLA leave to care for her married, adult daughter, who was undergoing treatment for thyroid cancer. Suzan’s employer, Harbor Crest, granted her request for FMLA leave. While on FMLA leave, in the course of...Read More

Currently, same-sex spousal leave under the Family and Medical Leave Act (FMLA) is only available to employees who reside in a state that recognizes same-sex marriages. For example, an employee who validly entered into a same-sex marriage in one state, but now resides in a state that does not recognize same-sex marriages, would not be eligible...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

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

Kahn, Dees, Donovan & Kahn, LLP (KDDK) has been awarded recertification in Meritas, a global alliance of independent business law firms. KDDK joined Meritas in December 1994, and, as a condition of its membership, is required to successfully complete recertification every three years. Meritas is the only law firm alliance with an established and comprehensive...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

Under Indiana law, newly-formed entities are generally required to designate a registered agent for the purposes of receiving service of process in Indiana.  However, business entities formed after June 30, 2014, will face new formation and organization requirements as a result of recent legislative changes. For example, effective July 1, 2014, newly-formed entities including limited...Read More