U.S. Supreme Court Upholds Religious and Moral Exemptions in ACA Birth Control Mandate
On July 8, 2020, the United States Supreme Court issued its ruling in Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, Case No. 19-431, addressing the regulatory exemption to the mandate for health plans to provide birth control. The Affordable Care Act (“ACA”) requires employers with 50 or more employees to provide […]
U.S. Supreme Court Reinforces “Ministerial Exception,” Protecting Religious Employers from Employment Discrimination Claims
On July 8, 2020, the United States Supreme Court issued its opinion in Our Lady of Guadalupe School v. Morrissey-Berru, Case No. 19-267. In this opinion, the Court addressed two consolidated cases involving suits by former teachers at Catholic schools in California whose contracts were not renewed. In one case, the plaintiff sued under the […]
COVID-19 and Force Majeure in the Manufacturing Context
The global COVID-19 pandemic ground the world economy to a virtual halt in many sectors, including manufacturing. Many manufacturing lines slowed to a crawl or stopped completely. Travel became practically impossible, if not prohibited by various government orders. Despite that, supply contracts remain in place. What impact COVID-19 has on the legal relationships between customers […]
U.S. Supreme Court Rules to Keep the Deferred Action for Childhood Arrivals (DACA) Policy in Place
On Thursday June 18, 2020, the United Supreme Court issued an opinion in Department of Homeland Security v. Regents of University of California, et al., Case No. 18-587. By way of background, in 2012, the Department of Homeland Security created the Deferred Action for Childhood Arrivals (“DACA”) program for persons who had arrived illegally in […]
Indiana Court of Appeals Determines That Liability Insurer Is Not Responsible for Alleged Malpractice of Defense Attorney Hired to Defend Its Insured
Smith v. Progressive Southeastern Ins. Co., 2020 WL 3067807 (Ind. Ct. App. 2020) This case has a long appellate history to which the Indiana Court of Appeals recently added a new chapter. Smith and Clayton were co-workers who attended a company party at a restaurant. After consuming alcohol, Smith gave permission to Clayton to drive […]
From One New Lawyer to Another: An Attempt to Flatten the Learning Curve
Once I graduated from law school, I assumed I was done worrying about hitting the curve. As I entered practice, I had the optimistic idea that my adjustment to the “real world” would be relatively straightforward. While I knew I was unlikely to have developed the skills of a seasoned litigator in law school, I […]
Tips for Productive Virtual Mediations
Social distancing has created obstacles for legal counsel for many litigation tasks, especially mediation. Some mediations are being delayed or canceled. However, for many cases, parties and counsel should seriously consider online virtual mediation. Virtual mediation, although not yet commonplace, can resolve many types of cases. It is not always appropriate, but it has significant […]
Lewis Wagner & Trimble, LLP Welcomes Jordan Crabtree as New Associate
Lewis Wagner & Trimble is pleased to welcome Jordan Crabtree as an associate attorney in the firm’s Litigation Group, where he will focus on insurance coverage disputes, bad faith defense, insurance defense, and general litigation. Jordan earned his J.D. from the Indiana University Robert H. McKinney School of Law in 2019. Prior to law school, […]
Court of Appeals Holds That Ransomware Attack Did Not “Fraudulently Cause” Insured to Buy Bitcoin to Pay Ransom
G&G Oil Co. of Indiana v. Cont’l W. Ins. Co., 2020 WL 1528095 (Ind. Ct. App. 2020) An oil company was a victim of a form of cyber extortion known as ransomware. A hijacker infiltrated the company’s computer network, encrypted its servers, and password-protected its drives. The hijacker demanded a ransom of three bitcoins to […]
Court of Appeals Holds That Insured’s Medical Lien Does Not Reduce Liability Limit of Tortfeasor’s Policy for Determining Whether Tortfeasor is Underinsured
Catanzarite v. Safeco Ins. Co. of Indiana, 2020 WL 1465936 (Ind. Ct. App. 2020) In Catanzarite, the plaintiff was injured in a car accident caused by the negligence of another motorist. The plaintiff’s auto policy provided underinsured motorist (“UIM”) coverage with a limit of $100,000, which was also the liability limit of the tortfeasor’s auto […]