Over the last several years, we have seen an increase in the amount of litigation initiated by buyers against sellers of residential real estate. Much of this litigation involves a buyer alleging that a seller committed fraud by failing to fully disclose defects in the Seller’s Residential Real Estate Disclosure Form.
On December 22, 2017, the President signed the Tax Cuts and Jobs Act of 2017 (the “Act”), which has significant effect on federal tax laws. Highlights include the modification of individual and corporate tax rates, the application of a deduction to qualified flow-through business income, and the doubling of the estate tax exemption amount.
In Indiana, a mortgage generally expires ten years after its maturity date – the date on which the last installment of the debt secured by the mortgage becomes due. However, when information respecting the maturity date is missing from the documents on file with the county recorder’s office, the time a mortgagee can bring a foreclosure action on the mortgage can be greatly reduced.
On December 19, 2017, the United States Court of Appeals for the Ninth Circuit became the fourth federal appellate court expressly to reject the U.S. Department of Labor’s (DOL) six-part test for determining whether interns and students are employees under the Fair Labor Standards Act (FLSA). The DOL had previously published a six-part test in 2010. Under that test, an intern would be considered an employee unless all of the six factors were met. The Second Circuit was the first to reject the DOL’s test in 2015, opting for a non-exhaustive set of seven factors to consider in what it termed the “primary beneficiary test.”
Barrett McNagny LLP is pleased to announce that Trisha J. Paul has been elected to serve as Chair of the firm’s Executive Committee for 2018. Also serving on the firm’s Executive Committee during 2018 will be John C. Barce, Robert T. Keen, Michael P. O’Hara, and Samuel J. Talarico, Jr.
Barrett McNagny LLP is pleased to announce that William A. Ramsey was elected Partner effective January 1, 2018. Mr. Ramsey concentrates his practice in the areas of appellate litigation, medical malpractice defense, general liability defense, and business litigation.
H. Joseph Cohen will be presenting at the Northeast Indiana Human Resources Association's (NIHRA) meeting on January 8, 2018 discussing the top ten employment issues and challenges confronting employers and HR managers in 2018.
Employee benefit plans are subject to numerous legal requirements, including complicated—sometimes confusing—eligibility requirements. Those requirements are never more confusing, or more important, than during an employee’s medical leave of absence.
Trisha Paul and Emily Szaferski will present at the Allen County Bar Association's Probate, Trust and Tax Section's Continuing Legal Education seminar about assessing a client's mental capacity and legal competency.
William Ramsey authored an article titled "Keeping the Record Straight: The Rule Against Supplementing the Record on Appeal and Exceptions Thereto" that appeared in the fall edition of The Appellate Advocate.
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