Frech: Best practices for crafting transparent and competitive RFPs
A well-defined request for proposals is the cornerstone of a build-operate-transfer project designed to withstand scrutiny and deliver transformative, community-driven results.
Contracts
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Web Exclusive: Federal bill could remove arbitration requirement for sexual misconduct claims
Members of the U.S. House of Representatives and U.S. Senate last month came together in a bipartisan effort to push forward legislation that removes clauses in contracts that require arbitration of sexual assault and harassment claims. H.R. 4445, also known as the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, essentially puts the ball in the court of individuals who allege sexual misconduct in the workplace or elsewhere, rather than their accused perpetrators.
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Interrupted coverage: In tangle over insurance terms, businesses’ and nonprofits’ COVID interruption claims being denied
Since the COVID-19 public health emergency began in March 2020, businesses and nonprofits nationwide have had business interruption claims denied. The COVID Coverage Litigation Tracker at the University of Pennsylvania Carey Law School reported 1,099 federal lawsuits seeking insurance coverage because of the pandemic had been filed as of Jan. 25. To date, courts have granted insurers’ motions to dismiss in 147 cases and insurers motions for summary judgment in seven lawsuits, according to CCLT. Policyholders have scored a few victories with the courts denying the motions to dismiss in 29 lawsuits and granting the plaintiffs’ motions for summary judgment in five cases.
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Articles
Housing advocates seek consumer protections in land contracts
Signing a land contract for a house carries risks for buyers that they wouldn’t encounter with conventional alternatives.
Boeing factory workers go on strike after rejecting contract offer
The strike started at 12:01 a.m. PDT, less than three hours after the local branch of the International Association of Machinists and Aerospace Workers announced 94.6% of voting workers rejected the proposed contract and 96% approved the work stoppage, easily surpassing a two-thirds requirement.
Tennessee AG says NCAA is defending ‘world that doesn’t exists’ in request to have NIL rules lifted
The attorneys general of Tennessee and Virginia are seeking a temporary restraining order and preliminary injunction as part of their federal lawsuit arguing the NCAA’s NIL rules violate antitrust law.
IndyBar: Your Contract Law Final Meets the Texting Age
It’s mid-December and the end of the first semester of your 1L year. You’re headed to your last final exam: contracts.
IN Supreme Court affirms trial court’s summary judgment to school corporation in wind turbine case
A school corporation’s contract with a company for access to a wind turbine represented an unauthorized investment under Indiana law and was void and unenforceable, the Indiana Supreme Court ruled in affirming a trial court’s granting of summary judgment.
COA: No abuse of discretion in setting aside stipulated order in property sale, liens case
A trial court did not abuse its discretion when it granted a motion from a receiver and contractors to set aside a stipulated order in a case involving liens and a property sale, the Court of Appeals of Indiana has ruled.
COA reverses for woman who filed class action against IU Credit Union regarding overdraft fees
A woman who had her class-action complaint against IU Credit Union sent to arbitration has secured a reversal in an interlocutory appeal by the Court of Appeals of Indiana.
COA: Homeowners should have read insurance certificates
In rejecting a Tippecanoe County couple’s claim their insurance company failed to honor the increase in their coverage limit, the Court of Appeals of Indiana told the homeowners they should have read their annual renewal certificates.
NCAA approves new guidance on player endorsement deals
The NCAA’s Division I Board of Directors approved on Wednesday new guidance to members on name, image and likeness activities, clarifying how schools, coaches and staffers can be involved with athletes’ endorsement and sponsorship deals.
COA affirms for New Hampshire insurer in AES coverage dispute
An Indianapolis electricity company had its appeal zapped Monday by the Court of Appeals of Indiana after being denied a request for declaratory judgment in a coverage dispute against its former insurer.
COA rules dispute over agreement with former Celadon Group must move to Delaware courts
The Court of Appeals of Indiana has reversed a decision against the now-bankrupt Celadon Group, forcing a trucking company that tried to purchase certain assets from the Indianapolis-based business to refile its complaint in the state of Delaware.
Indiana justices rule state cannot interfere in Indianapolis Archdiocese’s firing of gay Cathedral teacher
The Indiana Supreme Court has ruled for the Roman Catholic Archdiocese of Indianapolis, finding the church-autonomy doctrine prohibits the state from interfering in the Catholic Church’s dispute with a high school teacher who claimed he was fired for being in a same-sex marriage.
Owners of Hindu temple lose fraudulent inducement appeal against building seller
The owners of a southern Indiana Hindu temple who claim they were misled about the acceptable uses of a building they purchased for an intended religious facility failed to demonstrate fraudulent inducement, the Court of Appeals of Indiana has affirmed.
States hands off when it comes to NCAA, athlete compensation
The NCAA waited nearly a year to issue a warning that there are still rules to follow now that college athletes can earn money off their fame, sparking speculation that a crackdown could be coming for schools and boosters that break them. But the NCAA isn’t the only enforcement organization that stayed quiet as millions of dollars started flying around college athletes, as 24 states now have laws regarding athlete compensation, all passed since 2019.
Reversal: COA splits on bank’s failure to give reasonable notice of new arbitration clause
A divided Court of Appeals of Indiana has reversed for a couple it found was not given reasonable notice by their bank of a new arbitration provision included in the terms and conditions attached to the end of their monthly electronic bank statement.
Waterlogged tenants fail to sink privity requirement at COA
Although the tenants of an office that flooded after a sprinkler system malfunctioned floated “compelling arguments” as to why the sprinkler company should reimburse their insurance carriers for the damage, the Court of Appeals of Indiana was anchored by precedent which holds that the requirement of privity still stands in the property-damage context.
COA: Property transfer for Munster redevelopment an equitable mortgage, not sale
A sale of property in Munster that was subsequently transferred from the buyer to the town for redevelopment purposes was not a sale triggering a payment provision for the original owner, but an equitable mortgage, the Court of Appeals of Indiana has ruled.
COA reverses, affirms damages for couple over well drilling dispute
A split Court of Appeals of Indiana sorted out a dispute between a Northern Indiana couple and a well-drilling company in a 48-page opinion Friday, reversing some of the damages awarded to the pair but affirming most all others.
Appellate court affirms dismissal of contractor’s counterclaims after use of fraudulent docs
A contractor’s counterclaims against a group of property owners will not move forward after the Court of Appeals of Indiana determined a trial court didn’t err when it granted partial summary judgment to the owners because the contractor tendered fraudulent documents.