Kroger Gardis & Regas, LLP
In a decision issued March 10, 2022, the Indiana Supreme Court expanded the availability of a mechanic’s lien for material suppliers. To do so, the Court applied the plain language of the statute and returned to the roots of mechanic’s lien law in Indiana. For the last 125 years, a mechanic’s lien was only available …
Mechanic’s Liens – Where the Brick Ends Up Matters, Not Who You Send It ToRead More
The Court of Appeals recently addressed three issues important to Indiana businesses embroiled in legal disputes: 1) Validity of the Commercial Court, 2) ex parte (no notice) temporary restraining orders, and 3) enforceability of restrictive covenants (noncompete and nonsolicitation clauses) in employment agreements. We will address each in turn. Vickery’s and Ardagh Glass’s Dispute Ardagh …
Commercial Courts, TROs, and Restrictive Covenants…Oh my!Read More
White House Office of Management and Budget (OMB) has stayed the effective date of the pay-data collection provisions of the revised EEO-1 form in order to review the appropriateness of the revisions under the Paperwork Reduction Act (PRA). Employers Private employers with (1) 100 employees or more, and (2) federal contractors with 50 employees or more …
White House Suspends Revised EEO-1 Form for Pay-Data ReportingRead More
Are you thinking about adopting a company-wide social media policy? Be careful what you prohibit. A client recently asked if the company could prohibit employees from discussing the company on social media. The client wanted to avoid negative publicity from disgruntled employees and thought a change to the employment manual would be helpful. The First …
Ted Nolting and I recently met with a small group of professionals who are all members of the Public Relations Society of America – Independent Practitioners Alliance to discuss issues facing small business owners. We had a good Q&A about the benefits of certification as a minority-owned or woman-owned business as well as the process …
Small Business Ownership – Opportunities and ChallengesRead More
Justice Hart of the Arkansas Supreme Court recently wrote a scathing dissent on the proliferation of arbitration to settle disputes. You can find a story summarizing the dissent here and the full dissent here. Whether you favor or disfavor the use of arbitration, Justice Hart raises a number of points that attorneys and clients should …
We often counsel consumer and commercial clients on property rights. Often, those discussions begin with a primer on property law. This blog entry breaks down mechanic’s liens. In prior entries, we first discussed types of ownership estates as well as the method of ownership and then discussed the forms of deeds, mortgage rights and responsibilities. …
An easement holder, such as a public utility, cannot sue to physically remove a “trespasser” from the easement. That’s what the Indiana Court of Appeals recently decided. 1 Without standing to sue for trespass, the easement holder can stop the adverse party from using the property only if the adverse use injures the easement holder’s …
Real Estate Property Rights: An Easement Holder May Not Sue for TrespassRead More
