The women at Bamberger would like to invite you to a launch party for their new website Women’s Connections at Bamberger on Tuesday, February 21st at 4:00 pm. The unveiling of this new networking site will take place in the Bamberger Conference Center on the 10th floor of the Hulman Building (20 NW Fourth Street, Evansville). Light hors d’ouevres and beverages will be served. Read the rest of this entry »
You’re Invited – Women’s Connections at Bamberger!
February 3rd, 2012Collaborative Law – A New Perspective on Divorce
February 2nd, 2012Family law attorneys are well aware that for most clients, a contested family law case is anything but a positive experience regardless of the legal outcome. Clients are dissatisfied as a result of cost, and as a result of the high level of stress and conflict which results from the litigation experience. While settlements frequently occur in family law cases, those settlements are often after significant time is spent in the “battle” and when a trial date is approaching.
Read the rest of this entry »
ONLINE SHOPPING 101: Do You Know Your Legal Rights?
January 31st, 2012In this day and age, if you purchase products online, you probably already know the basics of being a safe shopper. A safe shopper would never enter their credit card information on a screen that did not indicate that it was a “secure” site. A safe shopper would never buy a product without carefully reading the product description in order to fully understand what was being purchased. A safe shopper would always make sure that purchases were made from a reputable seller. But as a safe shopper, have you ever checked to see what your legal rights are if an online purchase goes horribly wrong? Read the rest of this entry »
Summary of New Rule Prohibiting Hand-held Devices by CMV Drivers
January 26th, 2012The Federal Motor Carrier Safety Administration and the Pipeline and Hazardous Materials Safety Administration—both part of the Department of Transportation—issued a new rule effective January 3, 2012 restricting the use of hand-held mobile telephones and devices by drivers of commercial motor vehicles (CMV). The rule amends Federal Motor Carrier Safety regulations and Hazardous Materials regulations. It restricts CMV drivers from reaching for or holding mobile telephones while operating their vehicles, or pushing more than one button to operate the
device. Read the rest of this entry »
Judgment Creditor Who Receives Nasty Surprise When Attempting to Attach a Bank Account
January 24th, 2012One of the remedies that a party holding a judgment in its favor gets paid is the attachment of bank accounts. In a rare piece of good fortune, a judgment creditor was able to identify a bank account of the judgment debtor which at one point had over $450,000.00 in it. The creditor promptly issued the pleadings necessary to have the bank account attached and the proceeds paid to it. Unfortunately, it found out that the bank that held the deposit account was also a lender to the judgment debtor. Further, not only did the bank have common law setoff rights for its loan against the account, it also had a security agreement that covered the account. Even though the bank allowed other monies to come out of the account after the attachment pleadings were received, the Court of Appeals held that the lender could safely do this without waiving its security interest. (The Court did not address whether or not this action would have waived the common law right of setoff. Lenders need to keep that in mind when reviewing this case.) Read the rest of this entry »
Limited Partner? General Partner? What Does It Matter, We’re All Friends, Right?
January 19th, 2012Even if the answer to the question is “Yes, we’re all friends,” the liabilities of a limited partner and a general partner in a partnership can mean a big difference. General partners are personally responsible for the debts and obligations of the partnership, regardless of how much capital the general partner has contributed to the firm. If there is more than one general partner, then the general partners are jointly liable for these obligations. These obligations can include liability for torts committed by a partner in the ordinary course of business of the partnership or with prior authorization, and a partner’s breach of trust. Read the rest of this entry »
US Supreme Court: “Ministerial Exception” Applies to Claims of Employment Discrimination
January 17th, 2012Last week, the United States Supreme Court announced its unanimous decision in Hosanna-Tabor v. EEOC. This case concerns the “ministerial exception” to an employment discrimination claim. Here, a teacher at a Lutheran school was terminated and then filed a discrimination complaint under the Americans with Disabilities Act. The church and its affiliated school defended the claim by arguing, in part, that the teachers’ duties were “ministerial” and that the First Amendment prohibited the Court from hearing a suit by a minster against her church claiming a violation of employment
discrimination laws. The Supreme Court had not previously addressed the existence of this “ministerial exception.” But this ruling holds that the First Amendment prohibits such claims. The decision does not provide a “bright-line test” concerning the limitations of who is to be considered a “minister.” But it found that this teacher (with her formal title, the substance of that title, her own use of the title, and the important religious functions she performed for the Church) was within the meaning of a “minister.” Accordingly, the church and school were protected from suit by the First Amendment. Read the rest of this entry »
Should Lenders Inspect Property Before They Lend?
January 12th, 2012Indiana courts have issued several opinions in the last year that underscore the risk to a lender who does not make a physical inspection of the property before it loans money against it. In these cases, the court ruled against lenders in various contexts for the reason that an inspection of the property would have revealed that there were parties in possession. This knowledge then gives rise to a duty on the part of the lender to inquire as to what those rights might be. Failing to take this step puts the lender at risk of being subordinate to any interest that the party in possession might have. Read the rest of this entry »
Bamberger Seminar – Updates in the Farming Industry
January 10th, 2012Join the attorneys at Bamberger as we discuss an array of updates in the agriculture industry and how they will affect our local farmers. We are pleased to feature Don Villwock, President of the Indiana Farm Bureau, who will address the status of the 2012 Farm Bill and what it means for your farm. Also on the hot seat—news on environmental legislation, farm leasing, natural gas and minerals, and Death Tax Planning for 2012 and what it means for you.
This complimentary seminar will be held on Wednesday, February 1st from 7-9pm at the Red Wagon Restaurant in Poseyville, IN. Refreshments will be provided. If you’d like to attend this informative seminar, please RSVP by Wednesday, January 25, 2012, by calling 812.452.3567 or email us at rsvp@bamberger.com.
Author: Kim Jewell (bio)
Phone: 812.452.3588
email: kjewell@bamberger.com
Court Clarifies Priorities Between Mechanic’s Lienholders and Construction Lenders on Subdivision Improvements
January 3rd, 2012Under our current mechanic’s lien statute, a construction lender who records its mortgage prior to the recording of a mechanic’s lien takes priority over the mechanic’s lien. There are three exceptions to this rule. The first exception is in the case of the construction of houses. The second is in the construction of improvements auxiliary to houses. The third is constructing property which is property controlled by a utility. Read the rest of this entry »