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 »
July 10, 2017
The Impact of IndyGo Red Line Project for Broad Ripple Property Owners
By: J. Eric Rochford, Indianapolis Eminent Domain Attorney The City of Indianapolis’ most recent effort in “rapid transit” is the IndyGo Red Line. Phase 1 of this project is estimated to cost $96 million. It will travel from 71st & College Avenue in Broad Ripple, along 38th Street, down Meridian Street, through Fountain Square and… Continue Reading »
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 »
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 »
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 »
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 »
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 »
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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