News and Insights

Fulcher to speak at the Southwestern Indiana Builders Association Meeting

Partner, Jake Fulcher will be speaking at the Southwestern Indiana Builders Association (SIBA) Membership Meeting on Tuesday, November 13th. Jake will address the Right to Work law.

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Indiana Court expands vicarious liability for independent contractors

Indiana law requires – with limited exceptions – that patients who allege medical malpractice file their claims within two years.  Recently, the Indiana Court of Appeals issued an opinion that muddied the waters on this seemingly clear issue.  Columbus Regional Hospital v. Amburgey involved a lawsu...

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Deferring Capital Gains Tax on the Sale of Investment Real Estate

In 2013, capital gains tax rates are scheduled to increase to 20%, up from the current rate of 15%.  In addition, the so-called “Medicare surtax” of 3.8% will be assessed against net investment income, which will include taxable gains on the sale of “passive” investment real estate.  Due to this ant...

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Jury Finds Samsung Infringed on Apple Patents; Awards Over $1 Billion in Damages

Recently, after a complex three-week trial involving more than a dozen different patents, over 30 allegedly infringing devices and wide-ranging claims on utility, design ownership and trade dress, a federal court jury in the lawsuit between Apple and Samsung found mostly in favor of Apple, including...

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Suppliers Beware of Favored Nations Clauses

The “favored nations” (most favored pricing) clause in supply agreements is employed to contractually bind product suppliers to price reduction adjustments based on the price the products are sold to other customers.  These clauses, sometimes overlooked as harmless, are often hidden in pricing adjus...

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Construction Warranties, Waivers and Workmanship

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...

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FLSA and FMLA Interplay: Administering Intermittent Leave for Exempt Employees

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 estab...

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Worker’s Comp – No Double Dipping Allowed

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 Appe...

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Collecting Corporate Debt by Piercing the Corporate Veil

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. Th...

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Vacation Pay When Employees Leave

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 wri...

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