Members of the U.S. House of Representatives and U.S. Senate last month came together in a bipartisan effort to push forward legislation that removes clauses in contracts that require arbitration of sexual assault and harassment claims. H.R. 4445, also known as the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, essentially puts the ball in the court of individuals who allege sexual misconduct in the workplace or elsewhere, rather than their accused perpetrators.
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Since the COVID-19 public health emergency began in March 2020, businesses and nonprofits nationwide have had business interruption claims denied. The COVID Coverage Litigation Tracker at the University of Pennsylvania Carey Law School reported 1,099 federal lawsuits seeking insurance coverage because of the pandemic had been filed as of Jan. 25. To date, courts have granted insurers’ motions to dismiss in 147 cases and insurers motions for summary judgment in seven lawsuits, according to CCLT. Policyholders have scored a few victories with the courts denying the motions to dismiss in 29 lawsuits and granting the plaintiffs’ motions for summary judgment in five cases.
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The attorneys general of Tennessee and Virginia are seeking a temporary restraining order and preliminary injunction as part of their federal lawsuit arguing the NCAA’s NIL rules violate antitrust law.
It’s mid-December and the end of the first semester of your 1L year. You’re headed to your last final exam: contracts.
A school corporation’s contract with a company for access to a wind turbine represented an unauthorized investment under Indiana law and was void and unenforceable, the Indiana Supreme Court ruled in affirming a trial court’s granting of summary judgment.
A trial court did not abuse its discretion when it granted a motion from a receiver and contractors to set aside a stipulated order in a case involving liens and a property sale, the Court of Appeals of Indiana has ruled.
A woman who had her class-action complaint against IU Credit Union sent to arbitration has secured a reversal in an interlocutory appeal by the Court of Appeals of Indiana.
In rejecting a Tippecanoe County couple’s claim their insurance company failed to honor the increase in their coverage limit, the Court of Appeals of Indiana told the homeowners they should have read their annual renewal certificates.
The NCAA’s Division I Board of Directors approved on Wednesday new guidance to members on name, image and likeness activities, clarifying how schools, coaches and staffers can be involved with athletes’ endorsement and sponsorship deals.
An Indianapolis electricity company had its appeal zapped Monday by the Court of Appeals of Indiana after being denied a request for declaratory judgment in a coverage dispute against its former insurer.
The Court of Appeals of Indiana has reversed a decision against the now-bankrupt Celadon Group, forcing a trucking company that tried to purchase certain assets from the Indianapolis-based business to refile its complaint in the state of Delaware.
The Indiana Supreme Court has ruled for the Roman Catholic Archdiocese of Indianapolis, finding the church-autonomy doctrine prohibits the state from interfering in the Catholic Church’s dispute with a high school teacher who claimed he was fired for being in a same-sex marriage.
The owners of a southern Indiana Hindu temple who claim they were misled about the acceptable uses of a building they purchased for an intended religious facility failed to demonstrate fraudulent inducement, the Court of Appeals of Indiana has affirmed.
The NCAA waited nearly a year to issue a warning that there are still rules to follow now that college athletes can earn money off their fame, sparking speculation that a crackdown could be coming for schools and boosters that break them. But the NCAA isn’t the only enforcement organization that stayed quiet as millions of dollars started flying around college athletes, as 24 states now have laws regarding athlete compensation, all passed since 2019.
A divided Court of Appeals of Indiana has reversed for a couple it found was not given reasonable notice by their bank of a new arbitration provision included in the terms and conditions attached to the end of their monthly electronic bank statement.
Although the tenants of an office that flooded after a sprinkler system malfunctioned floated “compelling arguments” as to why the sprinkler company should reimburse their insurance carriers for the damage, the Court of Appeals of Indiana was anchored by precedent which holds that the requirement of privity still stands in the property-damage context.
A sale of property in Munster that was subsequently transferred from the buyer to the town for redevelopment purposes was not a sale triggering a payment provision for the original owner, but an equitable mortgage, the Court of Appeals of Indiana has ruled.
A split Court of Appeals of Indiana sorted out a dispute between a Northern Indiana couple and a well-drilling company in a 48-page opinion Friday, reversing some of the damages awarded to the pair but affirming most all others.
A contractor’s counterclaims against a group of property owners will not move forward after the Court of Appeals of Indiana determined a trial court didn’t err when it granted partial summary judgment to the owners because the contractor tendered fraudulent documents.
Despite a motions panel allowing a belated appeal in an employment dispute, a different panel of the Court of Appeals of Indiana dismissed the appeal as forfeited, finding no “extraordinarily compelling” reasons to restore it.
While the COVID-19 pandemic has altered our day-to-day lives and experiences, the construction and real estate development industries have had to address how to effectively handle a particularly difficult issue that has arisen: unprecedented price fluctuations with a wide variety of building materials, perhaps most notably with lumber, where prices rose by as much as 400% this spring.
In Shiel Sexton Co., Inc. v. Towe, 154 N.E.3d 827 (Ind. Ct. App. 2020), the Indiana Court of Appeals addressed the impact of the parties’ contractual language on their legal responsibility for jobsite injuries.