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Litigation
The Nuts and Bolts of Easements
An easement is the right to use the land owned by another for some designated purpose. This article outlines the purpose of easements and their uses under Indiana law.
Read More Lake Disputes Involving Where to Dock your Boat or Where to Put your Pier Now Must be Filed in State Court
Disputes involving where to dock your boat and/or where to put your pier must now be filed in state court. This change affects not only where a claim must be filed, but also the time limit to file a claim.
Read More Pricer Joins Litigation Team
Barrett McNagny LLP is pleased to announce that David C. Pricer has joined the firm concentrating his practice in litigation, handling commercial litigation, premises liability, professional liability, and general liability claims. He will also assist with handling appeals and legal research and analysis.
Read More How to Settle a Claim When A Child is Injured
It is not uncommon for children to be injured in accidents, such as motor vehicle collisions, dog bites, falls from outdoor play equipment, etc. When a minor is injured in an accident, they have, and often bring through a parent or other representative, a claim against the person who is responsible for the injury.
Read More Are Waivers, Releases, and Exculpatory Agreements Enforceable?
Indiana courts adopted the majority view that pre-injury waivers and releases, or exculpatory agreements that release a party from liability are enforceable.
Read More What is Defamation?
A false communication which causes harm to a person’s reputation, known as defamation, can subject the defamer to an expensive lawsuit and damages.
Read More Exculpatory Clauses: Can They Protect You?
Parties agree that one is under no obligation of care for the other and shall not be liable for the consequences of conduct which would otherwise be negligent.
Read More 2022 "Lawyers of the Year" in Best Lawyers in America
Barrett McNagny LLP is proud to announce that Robert Keen and Patrick Murphy were selected by their peers for inclusion in The Best Lawyers in America® 2022 as “Lawyer of the Year” in their respective practice areas.
Read More Landowner Obligations for Snow and Ice Removal
Anyone who has spent a winter in Indiana knows that snow and ice are unavoidable weather conditions. Slip-and-fall injuries are a common occurrence and a common subject of insurance claims that lead to lawsuits.
Read More Can an injunction solve problems in a family business?
Many family businesses are closely held, meaning only a few people have an ownership interest in the business. In these types of businesses, disputes between the shareholders can cause problems on many levels, sometimes leading to litigation.
Read More Is it medical malpractice or ordinary negligence?
Claims against healthcare providers for negligent acts fall into two broad categories of medical malpractice and ordinary negligence. In general, claims that are related to the promotion of a patient’s health or a healthcare provider’s professional expertise, skill, or judgment are considered claims of medical malpractice, while claims that are unrelated to these issues are considered claims of ordinary negligence.
Read More Phones Down While Driving, Indiana
As of July 1, 2020, those operating a moving motor vehicle in the Hoosier state are prohibited from holding a cell phone.
Read More Business Interruption in the Age of COVID-19
Business interruption insurance typically covers lost income following a disaster or disruption in business operations. To some, losses stemming from COVID-19 may appear to be the exact type of risk this insurance is meant to cover. As many small businesses have quickly discovered, however, this is not the case.
Read More Ramsey to Present on Remote Depositions
William Ramsey was one of the several presenters at the Allen County Bar Association’s “Litigating in a Social Distance Environment” online CLE on Thursday, April 23, 2020 .
Read More Executive Order Providing Exceptions to Licensing Requirements in Indiana
On March 30, Governor Holcomb signed Executive Order 20-13. Among other things, Order 20-13 allows the Department of Health to open, staff, and equip temporary facilities if Indiana's hospital's become at or near capacity; creates limited exceptions to Indiana's licensing requirements for health care workers and creates a registration requirement for those workers who qualify for an exception.
Read More Limitation on Liability for Volunteer Health Care Professionals During COVID-19 Emergency Response
H.R. 748, The Coronavirus Aid, Relief, and Economic Security Act (CARES ACT), includes an important provision (Section 3215) for health care providers who provide volunteer care during the current crisis. In general, Section 3215 grants protection from medical malpractice lawsuits to volunteer healthcare workers who provide care within the general scope of their practice to victims of COVID-19.
Read More Telemedicine During COVID-19
Telemedicine provides a clear and obvious benefit for those in need of medical care during the COVID-19 crisis. Staying home while receiving medical care protects the patient, health care providers, and all who come into contact with them.
Read More Ramsey Quoted in Article About "Good Samaritan” Provision in Stimulus Bill
Medical malpractice attorney William Ramsey was quoted in an article on Bloomberg Law titled "Stimulus Bill Would Boost Liability Protection for Volunteer Docs".
Read More Fitzharris to Speak at Conference
Kevin Fitzharris was a presenter at the Allen County Bar Association’s Bench Bar Conference on February 7, 2020. He spoke at the “Cybersecurity: Protect You & Your Client” breakout session in the afternoon.
Read More Medical Review Panels Article
Medical malpractice defense attorney William Ramsey authors an article for The Indiana Lawyer titled "The Right to a Meaningful Medical Review Panel."
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