Recently, the Indiana Supreme Court decided that a business that loses customer traffic due to a State highway expansion project is not entitled to compensation.1 In State of Indiana v. Kimco of Evansville, Inc., the State took, by eminent domain, a strip of land in front of a shopping center…
On July 14, 2009, the Indiana Court of Appeals issued an opinion in a case affecting Indiana municipal law, Board of Commissioners of Hendricks County v. Town of Plainfield, addressing whether a town had proper standing to ask for declaratory judgment to validate their own ordinance. The Court also addressed…
This past May, the Indiana Court of Appeals ruled on a municipal annexation case coming out of Madison County. The Indiana municipal law case dealt with whether a county board of commissioners had standing to file a complaint challenging acts of annexation by a town of land in a formerly…
The Indiana Court of Appeals recently reviewed the enforceability of a three-year, 50-mile radius non-compete agreement for a physician in Mercho-Roushdi-Shoemaker-Dilley Thoraco-Vascular Corporation v. Blatchford, 900 N.E.2d 786 (Ind. Ct. App. 2009). Indiana business lawyers and their clients will benefit from the clarification offered by the Court. The case is…
The Indiana Court of Appeals has awarded unemployment compensation to an employee who violated a neutral attendance policy, making it clear in a new opinion that absences from work caused by a medical condition do not constitute “just cause” for termination of employment. As a result, an employee terminated because…
The United States Consumer Products Safety Commission began enforcement on December 19, 2008 of the Virginia Graeme Baker Pool and Spa Safety Act, 15 U.S.C. §8001, which creates a duty of care for all owners and operators of public swimming pools and spas that are fitted with submerged suction drain…
On December 13, 2006, the Indiana Court of Appeals reviewed the statute of limitations applicable to claims of accountant malpractice. In so doing, it also considered whether the accountant’s “continuing representation” after the client’s financial harm became known should postpone commencement of the limitations period for a claim against the…
Are your clients envious of new businesses moving to town and receiving tax abatement on a new plant or equipment? They, too, often upgrade or expand their business building or install new equipment. Why shouldn’t they receive a similar credit for their investment? Well, now they can. Starting in 2006…