ESTATE PLANNING AND REVOCATION OF PREMARITAL AGREEMENTS

By Amanda Jordan | October 13, 2020

In Indiana, generally, the property that two individuals bring into the marriage or acquire during the marriage is property subject to division at the time of divorce. The use of a premarital or prenuptial agreement can be used by parties to prevent this. Premarital agreements are legal contacts which are entered into prior to marriage…

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Qualification for Enrollment in the St. Joseph County Infraction Deferral Program

By Janelle Cooper | October 13, 2020

The Infraction Deferral Program available in St. Joseph County can offer significant monetary benefits. But do you qualify? Types of Tickets Accepted:  Generally, speeding tickets of all ranges are accepted under the program.  For reference, a traffic ticket for speeding 0-15 miles per hour (mph) over the limit carries two (2) points; 15-25 mph over…

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The Financial Benefits of Enrolling in the St. Joseph County Infraction Deferral Program

By Janelle Cooper | October 13, 2020

The St. Joseph County Prosecutor’s Office offers an excellent program allowing people facing certain traffic citations to earn a dismissal of their ticket.    If admitted into the Infraction Deferral Program, the State of Indiana will agree to defer prosecution of the traffic citation for 6 months from the date you make the agreement.  If…

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THE DAY I SWORE IN FRONT OF JUSTICE RUTH BADER GINSBURG

By Bradley Varner | September 24, 2020

In 1995, I had been out of law school for nine years.  It was in April of that year that I had the opportunity to be sworn into the Supreme Court of the United States.  My former boss, Judge Allen Sharp of the United States District Court for the Northern District of Indiana, invited any…

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The Litigation Psychology Podcast

By Georgianne Walker | September 14, 2020

Featuring Georgianne Walker and Dr. Bill Kanasky

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COVID-19 Liability Waivers

By Jon Rogers | August 14, 2020

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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Where Worker’s Compensation Intersects with OHSA Guidance on COVID-19

By Bradley Varner | August 14, 2020

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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A healthcare provider’s civil liability for an employee’s breach of patient confidentiality: Indiana’s evolving law on civil damages for breaches of medical privacy.

By Matthew Anderson | July 7, 2020

Although the federal Health Insurance Portability and Accountability Act (HIPAA) does not provide a private right of action, a plaintiff still may recover damages for the wrongful disclosure of his or her private health information under Indiana law.             A healthcare provider can be held vicariously liable for the wrongful disclosure by its employee when…

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FEDERAL LAW PROTECTS LGBT COMMUNITY FROM EMPLOYMENT DISCRIMINATION

By Sean Towner | June 16, 2020

The United States Supreme Court issued a landmark ruling this morning. The Court held that the 1964 Civil Rights Act protects gay and transgender workers from employment discrimination based on sexual orientation and gender identity. The Court issued its ruling in response to three (3) cases before the Court: Bostock v. Clayton County, which involved…

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Commercial Landlords Should Exercise Caution with Abandoned Property

By Wendy Walker | June 16, 2020

With so many businesses affected by COVID-19 emergency orders, an increasing number of commercial properties will be vacated by tenants who leave without taking all their equipment, furniture, supplies, or other personal property. At the same time, the courts’ efforts to combat the coronavirus has created unavoidable delays in obtaining a judicial order. These circumstances…

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