Litigation Blog
Monday, August 2nd, 2010
A recent article in the Indianapolis Business Journal noted a shocking decline in the number of notaries in Indiana in the last few years. In years past, a notary public stamp on a document seemed to be ever present and often was the distinguishing characteristic of a document with high importance. However, in 2007, the Indiana Secretary of State’s office noted almost 23,000 expirations, but only approximately 17,000 renewals or applications for new notaries. This marked a 22% decline for 2007. In 2009 the decline accelerated to 30%. This year the decline to-date is 41%. The chief legal counsel for the Indiana Secretary of State indicates that he believes the decline reflects that the type of authentication notaries do is falling out of fashion. Many companies now accept photo I.D. or confirm over the telephone or Internet. He indicated that notary publics were more popular in the days when companies and people relied heavily on postal mail. However with the increase in multiple forms of personal communication being available, the mail is not the exclusive source to authenticate the identity of someone’s signature on a document. If you have questions about notaries in Indiana, contact a Bamberger attorney.
Author: Laura A. Scott (bio)
Phone: 812.452.3557
email: lscott@bamberger.com
Tags: Indiana Secretary of State, Indianapolis Business Journal, notaries, notarize, notary, notary public
Posted in Banking and Financial Industry, Construction Law, Corporate and Business, Employment Law, Estate Planning and Personal Services, Family Law, Healthcare Industry Law, Litigation, Real Estate Law | No Comments »
Thursday, June 24th, 2010
In Louisiana, the purchasers of an apartment complex sued their lender for fraud and other lender liability claims when the apartment complex turned out to be an unprofitable venture. The borrowers claimed that the bank fraudulently induced them to borrow the money to purchase the apartment complex by representing inflated profit margins.
(more…)
Tags: Catherine A. Nestrick, lender liability claims, property value
Posted in Litigation | No Comments »
Wednesday, May 19th, 2010
The Indiana Court of Appeals recently traveled to the Mt. Vernon Courthouse to help the Posey County Bar Association celebrate Law Day. Those involved in the legal profession celebrate Law Day each May in honor of the rich traditions and importance of the law in our society. One of my cases which was on appeal was selected to be heard that day, so I was able to participate in the celebration. (more…)
Tags: Catherine A. Nestrick, Court of Appeals, high school students, Law Day
Posted in Litigation | No Comments »
Friday, April 30th, 2010
I am both a litigator and a mediator, and in both of these roles, I am often told that there is absolutely no way that a case will settle in mediation. In my role as a litigator, my client is the one frequently telling me that the case will not settle, and as a mediator, it may be one or both of the attorneys making the same comments. However, in my experience, many of these “impossible to settle” or difficult cases do, in fact, settle. (more…)
Tags: case settlement, Catherine Nestrick, Litigation, mediation
Posted in Litigation | No Comments »
Wednesday, April 21st, 2010
As the Bamberger Blog subscriber list continues to grow, we have decided to upgrade our Blog’s email and RSS service from Google Feedburner to the more enhanced Google FeedBlitz. (more…)
Tags: Bamberger Blog, subscription service
Posted in Banking and Financial Industry, Construction Law, Corporate and Business, Employment Law, Estate Planning and Personal Services, Family Law, Healthcare Industry Law, Litigation, Real Estate Law | No Comments »
Friday, February 19th, 2010
In a New York case, a borrower was found to have filed a Chapter 11 bankruptcy in bad faith in order to avoid a foreclosure action filed by the lender. In this case, the borrower owned an apartment building and had been sued by the lender for nonpayment. (more…)
Tags: bad faith judgment, bankruptcy, nonpayment
Posted in Litigation | No Comments »
Thursday, January 28th, 2010
A recent Indiana Federal Court case may establish precedent that a settlement agreement that does not specifically address attorney fees and litigation costs does not resolve a plaintiff’s claim for legal fees and costs. (more…)
Tags: legal fees, settlement agreements
Posted in Litigation | No Comments »
Monday, December 7th, 2009
An employer can be liable even if the employer did nothing wrong if the employee inflicts harm while acting within the “scope and course” of her employment. If a courier, on the way to deliver documents for the employer, hits a pedestrian, then the employer may have to pay for the pedestrian’s medical bills, lost income, pain and suffering and other damages. (more…)
Tags: employer liability, infliction of harm
Posted in Litigation | No Comments »
Thursday, December 3rd, 2009
Do you multi-task while driving? Eat? Drink? Make phone calls? Many of these activities are second nature to us while behind a steering wheel. However, the latest addition to the world of technology has been targeted by the Illinois legislature in response to an increase in vehicular accidents resulting from the use of electronic mobile devices. (more…)
Tags: driving while texting, global positioning systems, GPS, motor vehicle accidents, text messages
Posted in Litigation | No Comments »
