July 16, 2018
Nursing Home Understaffing Leads to Falls and Other Injuries
By: Ashley N. Hadler, Attorney Most nursing homes are operating without enough nursing staff. Staff members will often complain about having, “too many residents and too little time.” Family members visiting their loved ones often experience this first-hand through very slow response times to answer call lights or difficulty finding a nurse or nursing assistant… Continue Reading »
July 10, 2018
Home Renovation Projects: Purpose, Scope, and Notice of the Deceptive Consumer Sales Act- Part 2
By: Aaron J. Williamson, Attorney The DCSA has three broad purposes, which are to: “(1) simplify, clarify, and modernize the law governing deceptive and unconscionable consumer sales practices; (2) protect consumers from suppliers who commit deceptive and unconscionable sales acts; and (3) encourage the development of fair consumer sales practices.” Ind. Code 24-5-0.5-1(b). The DCSA… Continue Reading »
July 3, 2018
Home Renovation Projects: A Statutory Overview- Part 1
By: Aaron J. Williamson, Attorney It pays to be in the know. This adage is all the more true when it comes to large and costly projects; especially when those projects concern the home. Whether you are a home improvement contractor or a homeowner, knowing the lay of the land is invaluable. And, in light… Continue Reading »
June 25, 2018
When can a direct action be brought in the context of a closely held company?
By: Arend J. Abel, Attorney On June 1, the Indiana Court of Appeals addressed the circumstances in which a shareholder in a closely held limited liability company could sue another shareholder for breach of fiduciary duty arising out of alleged mismanagement of the corporation. Ordinarily, such actions must be brought derivatively, but the Court noted… Continue Reading »
June 8, 2018
Legal Zoom and Avvo – Attorneys Beware
By: Arend J. Abel, Attorney In April, the Indiana Supreme Court Disciplinary Commission issued its first ever advisory opinion, and it was a doozy. It’s fair to say that the opinion puts the kibosh on the current business “lawyer consultation” models for online giants Legal Zoom and Avvo for a whole host of reasons. Background… Continue Reading »
June 4, 2018
UPDATING THE CONTRAST IN PRIVATE RIGHTS OF ACTION IN INDIANA
By: David J. Cutshaw, Attorney In May of 2016, we contrasted the ability of a private citizen to sue a doctor for a violation of the child abuse reporting statute and the right of a doctor to sue a lawyer for an inadvertent disclosure of a doctor’s name in a medical malpractice complaint. Since May… Continue Reading »
May 16, 2018
First Thing We Do Is Blame the Lawyers
By: David J. Cutshaw, Partner and Gabriel A. Hawkins, Partner Cohen & Malad, LLP has been involved in several what we call mass tort medical malpractice cases. In essence, these cases involve situations where a doctor or surgeon has performed unnecessary procedures, not for the patient’s benefit, but for the benefit of the doctor’s pocketbook… Continue Reading »
September 14, 2017
Elbow Replacement Device Recalled After Patients Report Serious Injury
By: Jeff S. Gibson, Attorney Roughly 3,000 people in the U.S. have elbow replacement surgery each year. There are multiple conditions that can cause elbow pain and disability which lead patients and their doctors to consider elbow joint replacement surgery. Rheumatoid arthritis, degenerative joint disease, post-traumatic arthritis, severe fractures, and instability are the most common… Continue Reading »
August 2, 2017
Taking Access Rights and Altering the Nature of Property Can Have Lasting/Devastating Effects
By: J. Eric Rochford, Eminent Domain Attorney Taking access rights to commercial or special use properties can be devastating to the business operated on site as well as the remaining value of the real estate. However, just because a condemning agency takes access to property, doesn’t necessarily mean that it will or is required to… Continue Reading »
July 24, 2017
Delays on I-69 Construction Project and the Impact on Section 6 Land Acquisitions
By: J. Eric Rochford, Eminent Domain Attorney By now I’m sure all Hoosiers are well aware that the construction of I-69 Section 5 between Bloomington and Martinsville has been significantly delayed – by significant I’m referring to years, not months. The primary design-build contractor and subcontractor for this section of the I-69 Project, I-69 Development… Continue Reading »
We're Social