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Bar Talk April: Legal News You Need to Know - IndyBar News

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Posted on: Apr 29, 2019

The latest legal scoop to keep you in the loop: Here are the top five stories from the IndyBar this month.

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M&A Insurance: The New Normal?
Intro by Eli M. Isaacs, Faegre Baker Daniels LLP
As representation and warranty insurance products become more popular, the key question commonly asked by clients is whether the policies are paying out when relied upon to do so. The 2018 AIG Global M&A Claims Study provides interesting data on claims experiences on AIG’s representations and warranties insurance policies.
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Indiana Supreme Court to Decide Scope of Eminent Domain Statute
By Mark J. Crandley, Barnes & Thornburg LLP
The Indiana Supreme Court recently granted transfer to review a case that will dictate when increased compensation is owed for the condemnation of residential or agricultural property. When taking property, Indiana government entities typically must pay the full value of property condemned for public use. In 2006, the General Assembly passed a statute that required governments to go further and pay additional compensation for condemnation of residential or agricultural property. 
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Bullying from the Bench: A Wave of High-Profile Bad Behavior has Put Scrutiny on Judges
Judge John Murphy was presiding over a criminal calendar in Brevard County, Florida, when he grew incensed with public defender Andrew Weinstock, who had refused to waive a client’s right to a speedy trial.
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Clio Tool Helps Determine Your Billable Rate
Intro by Alex Van Gorp, Van Gorp Legal Services

While each attorney or firm should factor in their own expenses, expertise, and other factors listed in the Indiana Rules of Professional Conduct Rule 1.5 to arrive at an appropriate billable rate, it definitely helps to know where the market is generally at. This tool breaks down the average rates by state as well as practice area.
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Insurance Procured Pursuant To A Lease Limits Recovery To That Insurance Policy
By RJ Proie, Taylor DeVore PC

In Youell v. Cincinnati Ins. Co. , the Indiana Court of Appeals held that a landlord may not pursue a claim against a negligent tenant for damages covered by an insurance policy procured pursuant to the parties’ lease agreement. Furthermore, the landlord’s insurer may not pursue the negligent tenant in subrogation, because a subrogor steps into the subrogee’s shoes and has no legal rights other than the subrogee’s.
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