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…
Read MoreThe 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…
Read MoreAlthough 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…
Read MoreThe 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…
Read MoreIndiana law provides some protections for those who furnish health care in response to a disaster emergency declared by the governor, as Governor Eric Holcomb did to address the current COVID-19 pandemic. As news reports have made clear, our medical personnel and facilities have been faced with treating unanticipated numbers of patients for a new…
Read MoreThe filing of a divorce, with or without children, places a huge financial and emotional impact upon families. Once a divorce has been filed, life will no longer be the same for the husband, the wife, nor their children. The emotional impact of a divorce will be the subject of another article. The financial impact…
Read MoreThere is a huge emotional cost for yourself and your spouse. If you have children, the filing of a divorce has a devastating emotional impact on all children, regardless of age. It is strongly suggested that you consider counselors, therapists, your Clergy, or close friends to discuss your feelings, the reactions of your spouse, and,…
Read MoreIf you are currently unemployed due to the national coronavirus pandemic and have bills coming due, you may need to consider your consumer bankruptcy options under Chapters 7 or 13 of the Bankruptcy Code. In recent reports, worldwide, households now have $12 trillion more in debt than during the financial crisis of 2008. We are…
Read MoreYou may have heard from a friend about needing a “Miller’s Trust” or you may have come across a “Miller’s Trust” while researching the type of legal documents one may need when getting older. It is not important how you first heard of a “Miller’s Trust” but it is important for you to understand whether…
Read MoreOne circumstance feared by businesses is a ransomware attack. The situation has unfortunately become a familiar one. A computer hacker gains access to a business’s information systems, encrypts them, and then locks out the business unless the business pays a substantial fee, often in untraceable bitcoin, for a password to recover the files. Aside from…
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