Insights

The Supreme Court of Ohio unanimously ruled in a recent case that a builder’s duty to construct a home “in a workmanlike manner using ordinary care is a duty imposed by law”, and that the homebuyer’s right to enforce this legal duty cannot be waived by a homebuyer. In the case Jones v. Centex Homes,...Read More

Avoiding the many pitfalls associated with leave under the Family and Medical Leave Act is no easy task for employers.  Complex issues can especially arise when employers are faced with administering intermittent leave for exempt employees, as defined by the Fair Labor Standards Act. The FLSA establishes minimum wage and overtime pay standards.  Certain employees...Read More

Can an injured employee settle a Worker’s Compensation Claim and then later sue his employer, claiming that the injury occurred outside the employment?  The Indiana Court of Appeals recently said “no”.  In recent case Estate of Donald Eugene Smith v. Joshua Stutzman d/b/a Keystone Builders, the Appellate Court held that once an injured employee accepts...Read More

A primary reason for creating a corporation to conduct business is to shield corporate shareholders from personal liability for the corporation’s acts and debts. This corporate shield is of obvious benefit to shareholders, allowing them to freely invest in an enterprise while limiting their risk. The corporate shield, however, is a great frustration to creditors...Read More

When employees quit or are terminated, what happens with their vacation pay often creates an issue for employers.  In Indiana, vacation pay is subject to the Wage Payment Statute.  This means that employees are entitled to be paid for any accrued, but unused vacation time unless employers have a written policy to the contrary.  If...Read More

Mike Schopmeyer recently selected by his peers for inclusion in The Best Lawyers in America® 2013, 19th Edition for his work in U.S. Environmental Law. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey...Read More

Director liability is commonly thought of in the context of large, multi-national corporations. However, regardless of size of the entity, directors can be held personally liable for the acts of a company. Shareholders, employees, lenders and customers are potential parties in a lawsuit against a board claiming damages or losses incurred were the result of...Read More

Many providers transmit their patients’ Protected Health Information (“PHI”) in unsecured e-mails.  Through audits, some providers have discovered that their employees routinely included patient PHI in both the subject line and body of e-mails sent internally and externally.  In doing so, these providers could be exposed to HIPAA violations if employees send e-mails containing PHI...Read More

Ashley R. Bess recently joined KDDK as an associate attorney.  Bess is a native of Scottsburg , Indiana and graduated magna cum laude from the University of Evansville with a bachelor’s degree in political science and a minor in business administration and legal studies.  She earned her law degree from Valparaiso University School of Law...Read More