When does omission become a lie?  Is it still lying if you don’t actually make any false statements?  Consider the same in the context of fraud. Fraud by omission is still fraud, as recently held by the Supreme Court of the United States.  Previously, the courts required some affirmative “lie” or misrepresentation to a creditor...Read More

On April 4, 2016, the U.S. Department of Housing and Urban Development (“HUD”) Office of General Counsel issued new guidance on the application of the Fair Housing Act to the use of criminal records by landlords, property managers, sellers, lenders, and other providers of housing. This guidance addresses how “discriminatory effects” and “disparate impact” liability...Read More

Recent cases in Illinois and Alabama involving controversial displays and leaflets help illustrate the guidelines public universities must follow when dealing with the expressive activities of students and visitors. In general, a university that permits students and outside visitors access to a portion of the university’s facilities to pass out literature, display posters or otherwise...Read More

The U.S. Bankruptcy Court for the Southern District of Indiana recently held that a limited liability company could not terminate a member’s voting rights in the company during the member’s bankruptcy case, without first seeking relief from the automatic stay. When a bankruptcy petition is filed, the Bankruptcy Code automatically imposes a stay that prohibits...Read More

According to figures released on April 24, 2014, by the United States Bankruptcy Courts, bankruptcy filings in the Southern District of Indiana, Southern District of Illinois and Western District of Kentucky were down an average of 9% during the 12-month period that ended March 31, 2014,  compared to the previous 12-month period that ended March 31, 2013....Read More

In a case that may have implications on thousands of miles of former railroads that have since been converted to recreational trails, the U.S. Supreme Court issued a decision on March 10, 2014, in favor of the property owner and against the U.S. Government.  In Marvin M. Brandt Revocable Trust et al. v. United States,...Read More

A recent decision from the Indiana Court of Appeals illustrates the importance of using unambiguous language in release agreements with insurance companies, especially in cases involving coverage for cleanup of environmental contamination. In United States Fidelity and Guaranty Company v. Warsaw Chemical Company, Inc., 49A04-1203-CT-97, the Court reversed a $417,953.00 judgment in favor of Warsaw...Read More

The Indiana Court of Appeals recently held that a contractor who proposes a goodwill gesture to resolve a dispute with an unsatisfied customer may be bound by such offer and is liable for breach of contract if it fails to follow through to the customer’s satisfaction. In David Vance v. Francisco Lozano, et al., 02A03-1203-SC-142,...Read More

On July 16, 2012, the Indiana Court of Appeals issued an opinion in  M & M Investment Group, LLC v. Ahlemeyer Farms, Inc. and Monroe Bank declaring the pre-sale notice provisions of the tax sale statute to be unconstitutional.  In this case Monroe Bank challenged the constitutionality of Indiana Code section 6-1.1-24-3(b), which provides that...Read More

On May 29, 2012, the U.S. Supreme Court issued a unanimous opinion Radlax Gateway Hotel, LLC v. Amalgamated, rejecting a Chapter 11 bankruptcy debtor’s plan which proposed to sell their property free and clear of the Bank’s liens and repay the Bank with the sale proceeds, but failed to permit the Bank to credit-bid at...Read More