Insights

A recent Indiana Court of Appeals case has codified that, under the Indiana Worker’s Compensation Act, an injury arises out of employment when a causal connection exists between the injury sustained and the duties or services performed by the injured employee.  The connection is established when a reasonably prudent person considers the injury to be...Read More

Construction projects are complex.  So is construction law.  Case in point:  Indiana’s Mechanic’s Lien Statute.   This law greatly enhances the ability of general contractors and subcontractors to recover payment, but only if the byzantine provisions of the Statute are strictly followed.  A recent decision by the Indiana Court of Appeals illustrates this complexity. The Situation...Read More

[vc_row][vc_column][vc_column_text]On March 29, 2013, the U.S. District Court for the Northern District of Indiana held that an employee who makes a pre-eligibility request for post-eligibility FMLA leave is protected from retaliation from the employer. In Morkoetter v. Sonoco Products Co., Lozano, R., the employee, alleged that he informed his employer of his disability and plans...Read More

The U.S. Citizenship and Immigration Services (USCIS) recently released a revised Form I-9 and employers should begin using it right away. Form I-9 must be completed by all employers to confirm the identity of newly-hired employees and verify the employee’s eligibility to work in the United States.  The revised Form I-9 has expanded from one...Read More

Should individuals have a private cause of action to sue employees of the State of Indiana for an alleged breach of a statutory duty when the statute does not confer one?  On Thursday, March 28, the Indiana Supreme Court held oral argument in the case of F.D., et al. v. Indiana Dep’t of Family Servs.,...Read More

Mike DiRienzo, a Partner at Kahn, Dees, Donovan & Kahn (KDDK), will be a featured presenter in a Rule 60 Practice seminar (1 CLE) on Thursday, April 4, at 12:00 noon at the Evansville Bar Association office, located in the Walker Building at 401 S.E. Sixth St. in Evansville.  Mike will cover how to oppose...Read More

It’s that time of year again.  A time when baseballs begin to sail through the air and evenings are filled with the aroma of hot dogs and a freshly mown infield.  Organ music fills the stands and the umpire screams, “Play ball!”  The sense of euphoria, however, can quickly be soured by a screaming line...Read More

You may have missed it, but the Family and Medical Leave Act, or FMLA, turned 20 years old last month. Although the purpose of the FMLA may be a noble one — providing employees unpaid leave from work for treatment of their own serious health condition, or to care for and comfort family members who...Read More

In recent years, the health care industry has experienced significant growth in contractual relationships between physicians and health systems.  This growth is likely to continue as hospitals will increasingly require physicians’ clinical services and expertise as their reimbursement becomes tied to quality.  Practitioners should be aware that enforcement risk is also increasing and particular attention...Read More