Blog


May 30, 2017

What is an Order of Protection?

By: Casandra L. Ringlespaugh, Attorney The Indiana Civil Protection Order Act, or ICPOA, is a set of laws passed Indiana in 2002 in regards to domestic and family violence. Under the ICPOA, Courts can issue Orders to protect people from domestic or family violence, stalking, or a sex offense. These Court Orders are called “Protection… Continue Reading »

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March 13, 2017

Use of File Sharing Site Causes Waiver

By: Arend J. Abel, Attorney Lawyers for an insurance company got a nasty surprise when a federal district court held that their use of the file-sharing service Box® waived attorney-client privilege and work product protections for the company’s entire claims file.  On February 9, in Harleysville Insurance Company v. Holding Funeral Home, the United States… Continue Reading »

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March 6, 2017

Judicial Qualifications Commission Gives Green Light to Tweeting at Trial

By: Arend J. Abel, Attorney You may remember just over a year ago when a partner in Barnes & Thornburg’s Chicago office was sanctioned for live-tweeting a trial.  That event makes all the more surprising an Ethics Opinion that the Indiana Commission on Judicial Qualifications issued last month.  According to the Commission, live-tweeting a trial… Continue Reading »

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February 20, 2017

How to Read a Right-Of-Way Appraisal

By: J. Eric Rochford, Attorney If you’ve ever bought or sold a home or any type of real estate, you have almost certainly seen (and hopefully) read a real estate appraisal. Typically, appraisals are in the standard 6-page Uniform Residential Appraisal Report format. However, appraisals for eminent domain/condemnation purposes Right-of-Way (“ROW appraisals”) are much different. Right-of-Way… Continue Reading »

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February 2, 2017

How Does An Eminent Domain Action Affect Your Mortgage?

By: J. Eric Rochford, Attorney Generally speaking, your mortgage won’t be negatively affected by a partial land taking. However, depending on the status of your mortgage, your mortgage holder may get involved in your condemnation case and attempt to claim some or all of the proceeds. However, it’s still a good idea to keep your… Continue Reading »

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December 13, 2016

Can You Ask the State to Take Your Property Early by Eminent Domain?

By: J. Eric Rochford, Attorney If you live along the SR 37 corridor that has been identified as the I-69 Expansion Project Section Six that stretches from Indianapolis to Martinsville, you may have asked yourself the above question. Asking the state of Indiana to take your property early relates to what is called hardship/advanced acquisition… Continue Reading »

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November 28, 2016

How much does it cost to hire an eminent domain attorney?

By: J. Eric Rochford, Attorney Landowners are often concerned that they can’t afford to hire an attorney or that, if they do hire an attorney, the attorney will take most of the settlement proceeds. This is not the case with contingent fees in eminent domain cases. These fee agreements have become commonplace as potential clients prefer… Continue Reading »

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November 17, 2016

The Indiana Appellate Rules Do Not Allow Exhibits in the Appendix or Citations in Footnotes

By: Arend J. Abel, Attorney [November 17, 2016]– The Indiana Court of Appeals issued an opinion today in which it said Exhibits should not be put in the Appendix.  Sperro, LLC v. Ford Motor Credit Company, LLC.  In footnote 4 of the opinion, the Court said: “Appellants’ and FMCC’s appendices do not comply with the… Continue Reading »

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November 11, 2016

How is just compensation determined in an eminent domain matter?

By: J. Eric Rochford, Attorney Landowners who face having their land taken by the government for a public project such as a highway, utility easement, or school building have likely heard the term “just compensation”. But what exactly does “just compensation” mean to a landowner? The U.S. Constitution holds the answer (specifically the Fifth Amendment… Continue Reading »

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October 26, 2016

National Lead Poisoning Prevention Week Raises Awareness of Environmental Hazards

The Centers for Disease Control (CDC) has identified the week of October 23 – October 29 to be National Lead Poisoning Prevention Week in an effort to raise awareness about the dangers of lead poisoning. Materials are available to educators and the public to help spread the word about the hazardous effects that lead exposure… Continue Reading »

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