The Indiana Court of Appeals recently issued a decision in a dispute between a public utility and a local municipality that may be of interest to electric utilities. Duke Energy Indiana filed a lawsuit against the City of Franklin after the city announced plans to improve the intersection of two…
On November 2, 2016, the Federal Communication Commission (FCC) released their broadband privacy protection order, which came almost 18 months after the FCC reclassified broadband internet service (BIAS) as a common carrier telecommunication service under Title II of the Communications Act (the Act). The order communicates three main goals to…
Section 253(c) of the Communications Act, as amended in 1996, prohibits any “state or local statute or regulation, or other state or local legal requirement” to “have the effect of prohibiting the ability of any entity to provide interstate or intrastate telecommunications” including wireless communications. This is commonly referred to…
On December 16, 2016, the Court of Appeals found that “the reasonable necessity of an intersection expansion outweighed whatever injurious effect that expansion would have on an electric utility’s enjoyment of its easement.” Duke Energy Indiana, LLC v. City of Franklin, 41A01-1607-CT-1549, at 23. Duke Energy Indiana, LLC (“Duke”) had…
Trees can be assets or a nuisance, depending on one’s perspective and situation. While they may provide shade, privacy or other value to one person, they may interfere with a neighbor’s enjoyment and safe use of his own property. Questions often arise about the ownership of trees growing on or…
Up to par Few people would be as qualified as a Lebanon-based litigation attorney, who is also an Indiana Golf Hall of Fame member and Crooked Stick Golf Club member, to co-chair the 2016 BMW Championship at Crooked Stick Golf Club in Carmel Sept. 6-11. Read More
In the recent case of Parkview Hospital, Inc. v. Frost, which is now before the Indiana Supreme Court, the issue of the reasonableness of hospital charges in the context of a contested hospital lien is addressed and may pose some issues with a hospital’s chargemaster. Frost was seriously injured in…
It’s an unlucky number for a lucky sports trick – 13 holes in one. Kent Frandsen only gives luck partial credit. “The better you are, the more likely you are to make one. It’s that simple,” said Frandsen, 65, who holed his first ace at age 18 and his 13th two years…
On June 21, 2016 the FAA issued its final rule on small Unmanned Aircraft Systems (sUAS) codified at 14 C.F.R. Parts 107 (Parts 21, 43, 61, 91, 101, 107, 119, 133, and 183 are also impacted). The primary effect of this final rule is that commercial use of qualified small…
On May 18, 2016, the Department of Labor announced the publication of its final rule updating the overtime regulations (“Overtime Rule”) under the Fair Labor Standards Act (FLSA). The FLSA applies to “Covered Enterprises” as well as individuals. Covered Enterprises include businesses with annual sales or business of at least…