DSV Legal Insights
August 2020
When Should You File Your Claim?
Under Indiana’s Environmental Legal Action statute, Ind. Code § 13-30-9-2, a party that has incurred costs to remove or remediate contamination resulting from a release of a hazardous substance is entitled to bring an environmental legal action (“ELA”) against any other party that caused or contributed to the release of the hazardous substance. Another statute, Ind. Code § 34-11-2-11.5 limits the recoverable costs in an ELA claim to those which were incurred no more than 10 years before the filing of the lawsuit to assert the ELA claim. Indiana courts have interpreted Ind. Code § 34-11-2-11.5 as establishing a rolling 10-year statute of limitations for ELA claims from the date of the most recently-incurred removal or remediation expense. See Elkhart Foundry & Mach. Co. v. City of Elkhart Redevelopment Comm'n for City of Elkhart, 112 N.E.3d 1123, 1126-28 (Ind. Ct. App. 2018). In other words, each time a potential ELA claimant incurs a cleanup cost, a new 10-year period of limitations begins to run. Id. (“the legislature did not intend for the ten-year limitation period to start running, once and for all, when the plaintiff incurs its ‘first’ cleanup cost. Rather, a new ten-year period starts to run with the incurrence of each additional cleanup cost.”).

Read more about Indiana’s Environmental Legal Action statute.
What's the Confusion All About?
Apparently, there is some confusion over whether recent changes to statutory recording requirements apply to the recordation of mechanic’s lien notices. On July 1, 2020, a new version of Indiana Code 32-21-2-3, which governs recording requirements for conveyances of property, went into effect. In previous versions, I.C. 32-21-2-3 (including in its pre-recodification form as I.C. 32-1-2-18) required a conveyance, mortgage, or instrument of writing to be either acknowledged by the grantor or proved before certain qualified individuals (e.g. a notary public). I.C. 32-21-2-3(a). 

Read more about the new statute causing confusion.
Recent Blog
Back in April, I wrote about the Centers for Disease Control and Prevention’s (“CDC”) updated return to work guidance for healthcare personnel with COVID-19, which allowed healthcare personnel to return to work sooner than the previous 14-day period if certain criteria was met. At the time, a test-based strategy was the CDC’s preferred method for determining when healthcare personnel could return to work. On August 10, 2020, the CDC again updated its return to work guidance for healthcare personnel.

Learn more about the CDC’s recent Return to Work Guidance.
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