Blog - Cohen & Malad, LLP

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July 30, 2018

Third-Party Payments for Legal Services

By: Arend J. Abel, Attorney Occasionally, a lawyer will run into a situation where someone other than the client agrees to pay the lawyer for the representation.  This situation arises most frequently with insurance, but also can occur when a company pays for an employee’s defense or a relative pays for the representation of an… Continue Reading »

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July 27, 2018

Los Angeles Jury Awards $45 Million to Sexual Abuse Survivor After Years of Abuse

By: Jeff S. Gibson, Attorney On Thursday July 26, 2018, a Los Angeles jury awarded $45 million to a girl who endured sexual abuse at the hands of her mother and four men at a home where she was placed by the county despite evidence she was being molested. The girl, now 15, said in… Continue Reading »

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July 23, 2018

Effective Appellate Briefing

By: Arend J. Abel, Attorney What’s the best way to write an effective appellate brief?  The short answer is to use every part of the brief as an opportunity for advocacy.  Here are some section-by-section tips for doing so. The Table of Contents The first thing the court sees when opening the brief is the… Continue Reading »

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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 »

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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 »

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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 »

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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 »

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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 »

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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 »

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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 »

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