One consideration everyone should contemplate before initiating a lawsuit, is the realistic outcome of collecting any judgment obtained in court or settlement. Individuals who have had little experience with the civil justice system are often shocked to find out that even if they succeed in trial and obtain a monetary award for their damages, they…

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Expert witnesses are often thought of as “hired guns” who provide favorable testimony in return for their fees. This view is bolstered by high-profile cases where both sides rely on the testimony of seemingly highly-qualified experts who reach opposite conclusions. However, such a perspective fails to see the benefit and importance of experts in our…

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Technology is forever changing our world. While society continues to incorporate innovations into daily life, the law is not always so quick to follow. The questions raised by new technology often do not fit neatly in legal doctrines that have served courts well for hundreds of years. Legislatures and agencies are often slow to provide…

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Universities around the country are requiring students, faculty, and staff to sign COVID-19 liability waivers for the 2020-2021 school year. Several universities have also implemented remote options for schooling so attendees can opt-out of in-person classes this upcoming fall semester. So, will schools actually be liable for the spread of COVID-19 when school starts? By…

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The OSHA May 19, 2020 memo entitled Revised Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19), and contained in the link, https://www.osha.gov/memos/2020-05-19/revised-enforcement-guidance-recording-cases-coronavirus-disease-2019-covid-19 , deals primarily with what constitutes a reportable COVID-19 finding to OSHA. The fact that an employee may have acquired COVID-19 at work (i.e., the COVID-19 is work-related) is just one…

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Corporate representatives who have been told they will have to testify on behalf of their employer may, at first, be anxious about giving such testimony.  They may also not realize the importance of their testimony, specifically that their testimony can bind the company.  But, with the right attorney to prep them, the anxiety should melt…

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Generally speaking, Indiana law provides that a general contractor does not owe an outright duty of care to an independent contractor, a subcontractor, or a subcontractor’s employees. The rationale behind this rule is that a general contractor has very little control over the way a subcontractor completes its work. However, there are five exceptions to…

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South Bend / Mishawaka, IN – Each day lenders are faced with borrowers who default under the terms of the lending relationship.  This article will address the various steps a secured lender should consider undertaking when its borrower is in default. Evaluate your Collateral. Evaluation of the collateral that is acting as security for the indebtedness is…

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