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Posted by on May 6, 2015 in Published Articles | 0 comments

Liability of Charity Motorcycle Event Organizers:  No Good Deed…..

Liability of Charity Motorcycle Event Organizers: No Good Deed…..

Charity rides.  “Poker Runs.”  Events for the motorcycling community to come together, to do what they love, and to help  any number of worthy, deserving causes.  But given the dangers that could arise when a mass of motorcyclists hit the road, each with varying degrees of experience, ability and competency, it is essential that organizers of charity rides take steps to protect themselves – and perhaps even the charities the seek to help – from liability and exposure for damages that may result when something unfortunate and unforeseen occurs. Insurance for the event, including coverage for the organizers and volunteers, for the ride and for events before and after the ride, must be given serious consideration.  Yes, it’s expensive.  But it’s just that important.  Be assured that an insurance premium is much, much more affordable than an uninsured claim or lawsuit. In addition to insurance, organizers should consider a written waiver of liability and release agreement.  While no waiver and release document could capture and contain every possible risk...

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Posted by on May 4, 2015 in Published Articles | 0 comments

Grandparents Visitation Rights

Grandparents Visitation Rights

Indiana Grandparent visitation is governed by the Indiana Grandparent Visitation Act, which sets forth the circumstances under which a grandparent may seek visitation rights with a grandchild. Under that law, a “maternal or paternal grandparent” includes (1) the adoptive parent of the child’s parent; (2) the parent of the child’s adoptive parent; and (3) the parent of the child’s parent. Generally, a child’s grandparent may seek visitation if: (1) one (or both) of the child’s parents is deceased; (2) the child’s parents are divorced; or (3) the child was born out of wedlock.  For paternal grandparents to seek visitation with a child born out of wedlock, it is necessary that their son’s paternity over the child first be established. Indiana courts, when considering a petition for the exercise of grandparents rights, first and foremost consider the best interest of the child.  Once awarded, grandparent visitation rights survive the adoption of the child by a stepparent, or by someone biologically related to the child, such as another grandparent, a sibling, an...

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Posted by on May 30, 2014 in Published Articles | 0 comments

A Clean Slate:  Expungement of Criminal Record

A Clean Slate: Expungement of Criminal Record

  Indiana law permits individuals who have been convicted of certain crimes to expunge their records after a number of years following their convictions.  Eligible crimes can be expunged after a period of time has elapsed, so long as the individual has avoided additional or new criminal problems during that time period.  While expungement is available for those who have been convicted of misdemeanors and other less-serious offenses, the Indiana statute is specific about which convictions are eligible for expungement and which are not. Generally, for a conviction to be expunged from the record, one must demonstrate by clear and convincing evidence: (1) the required time period has elapsed; (2) no charges are then-pending against the person; (3) the person does not have an existing or pending driver’s license suspension; (4) the person has successfully completed the person’s sentence, including any term of supervised release, and satisfied all other obligations placed on the person as part of the sentence; and (5) the person has not been convicted of another...

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