Letters of Intent: Are They Enforceable?

By Patricia Primmer | July 10, 2019

The use of a Letter of Intent (often referred to as an “LOI”) has become commonplace in the business and real estate world.  Often times they are referred to as “Non-Binding” LOIs.  But are they really non-binding?  As courts struggle with the interpretation of LOIs one strong message emerges:  The parties to an LOI need…

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Getting Your Case to the Indiana Supreme Court

By May, Oberfell, & Lorber | July 3, 2019

South Bend / Mishawaka, IN – Many a client has proclaimed: “I’ll fight this to the Supreme Court.” The process by which a case makes its way to the Indiana Supreme Court, however, is a little more involved than simply filing an appeal. Depending on the type of case it is, there are several ways…

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The role of the Guardian ad-Litem

By Jon Rogers | July 3, 2019

You are in the middle of a divorce case or custody matter and it doesn’t seem you or the other parent can agree on anything when it comes to the custody and parenting of the kids, what avenues might you have?  It may be time to appoint a guardian ad-litem for the children. A guardian…

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Real Estate Seller’s Disclosure Statements: Honesty is the Best Policy

By Sean Towner | June 28, 2019

Selling or buying a home is a major life decision. The decision involves planning, stress, and money. Buying a home will be the biggest purchase most people make in their life. While many buyers will walk through a home once or twice prior to purchasing the home, buying a home comes with many unknowns. Do…

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Avoiding Taxes and Expenses When You Die

By Nathan Barnes | June 20, 2019

As the saying goes, there are only two things in life that are certain: death and taxes.  While no one can avoid death, most people wish to avoid, as much as possible, the taxes and expenses that may result from their death. As of January 1, 2013, the Indiana legislature repealed the state’s inheritance tax. …

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Why Employers Should Engage in the Interactive Process

By Rich Nugent | June 19, 2019

When employers are confronted with a request by a “disabled” employee for a reasonable accommodation, the employer should consider at least two (2) issues: What is the best, practical solution to this business problem?, and What are the legal requirements the employer is obligated to comply with? When the American with Disabilities Act was amended…

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Adoption in Indiana

By Jon Rogers | June 5, 2019

Today’s modern family often times mirrors the popular television show.  Parents come in all varieties and the overall concern is the best interests of our children.  A common greeting among the Masai tribe in Africa is “All the children are well” as a cultural translation to home might be “Life is good.” You want to…

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Minor Consuming – What to Know

By Sean Towner | November 2, 2018

It is no secret that underage college students occasionally consume alcohol. Underage college students who consume, purchase, or transfer alcohol sometimes encounter law enforcement. These encounters may lead to the college student being arrested and charged with Minor Consuming. Indiana treats underage alcohol consumption harshly. Minor Consuming is a crime in Indiana – specifically, a…

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Operating While Intoxicated … Answers to Common Questions

By Sean Towner | April 17, 2018

No parent wants to answer a phone call in the middle of the night and learn their child has been arrested for drunk driving. However, parents across northern Indiana occasionally find themselves in this predicament.  Those who have never encountered the criminal justice system are often left wondering, what happens next?  This article answers common…

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Does a General Contractor Owe a Duty of Care to an Independent Contractor and/or its Employees?

By Georgianne Walker | December 7, 2017

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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