Month

May 2017
While it is commonly held that land use and zoning analysis for a new development – or new use of an existing development – should begin during the site selection process, there is a common misconception that only the owner of a property can seek a rezoning or other land use approvals.  Actually, a prospective...
Read More
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...
Read More
Although often considered an afterthought, insurance requirement provisions are one of the most critical topics to be addressed in a commercial contract. A well-drafted insurance requirement provision can help a party decrease the risk associated with a particular project, or shift the consequences of that risk to another party.  Moreover, even the most stringently worded...
Read More
[vc_row][vc_column][vc_column_text] New Leader, New Rules: The President Trump White House and impactful environmental and commercial real estate law developments [/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”2/3″][vc_column_text]Whether you’re involved in the design, purchase, sale, lease, construction, redevelopment, or remediation of commercial property, the stakes are too high to not be in compliance with the latest rules and regulations. In this FREE...
Read More
The Indiana Court of Appeals has issued what, in this author’s humble opinion, could become a landmark decision in the area of Indiana worker compensation law.  In Masterbrand Cabinets v. Waid, the Court ruled that an injured employee is entitled to TTD (temporary total disability) benefits even though he was fired for actions unrelated to...
Read More
Last Thursday, the D.C. Circuit granted the Environmental Protection Agency (EPA)’s motion to delay oral arguments scheduled on May 18 for litigation filed by an assortment of coal producing companies, which are challenging the agency’s “Supplemental Finding That It Is Appropriate and Necessary To Regulate Hazardous Air Pollutants From Coal and Oil Fired Electric Utility...
Read More
To avoid penalties and unwanted litigation, individuals and businesses operating private septic systems may be required to apply for permits to connect to public sanitary sewer systems to comply with the Indiana Court of Appeals’ recent interpretation of Indiana Code § 36-9-23-30 in Town of Clear Lake v. Hoagland Family Limited Partnership. In Hoagland, Hoagland...
Read More