DSV Legal Insights
July 2019
Recent Blogs

As human beings, employees bring the full spectrum of behaviors with them to the workplace and courts have examined many of those behaviors in the context of whether they may create employer liability under Title VII of the Civil Rights Act of 1964 for discrimination “because of sex.” This fall, an employer is asking the United States Supreme Court to agree to hear the question of whether a false rumor that an employee slept with her superior in order to get promotions can support a claim of sexual harassment.  Reema Consulting Services, Inc. v. Evangeline Parker.

Read more to learn about what employers can do about workplace gossip.

Although Indiana courts have historically enforced contractual indemnity obligations, an unpublished opinion from the Indiana Court of Appeals in 2017, Wilhelm Construction, Inc. v. Secura Insurance, 2017 WL 2265402 (Ind. Ct. App. 2017),  appeared to jeopardize this trend.  Wilhelm involved a work-place injury to the employee of a sub-subcontractor on a construction project in Indianapolis. The employee was injured while dismantling scaffold after a co-worker using a fork-truck to remove a section of the scaffold caused it to collapse. The injured employee sued the general contractor and its subcontractor for negligence and asserted that both had assumed a contractual non-delegable duty to provide a safe work environment to individuals working on the site. In turn, the general contractor and subcontractor sought indemnity from the sub-subcontractor and its insurer for the worker’s claim.

Read more about the Anti-indemnity Statue.
Upcoming Events
Wednesday, August 28, 2019
4:00 - 5:30 PM

The District Tap
3720 E 82nd Street
Indianapolis, IN 46240

Change orders, change directives, and constructive changes are a constant concern on construction projects. This seminar will discuss various contract terms which address changes on construction projects from multiple points of view. You will learn: 

  • The legal principles behind change order concepts
  • How to negotiate better terms
  • How to manage the risk associated with certain types of clauses

Whether an owner, design professional, general contractor, or trade contractor, this seminar will provide valuable information which will allow you to produce better outcomes on your projects. 

Joe Leone , DSV Partner, will present the material and address questions from the audience.
Drinks and appetizers will be served.
Audience:  Owners, Design Professionals , General Contractors , and Trade Contractors.

Saturday, November 9, 2019
6:00 - 10:00 PM

The District Tap
3720 E 82nd Street
Indianapolis, IN 46240

Drewry Simmons Vornehm, LLP (DSV) invites you to an exclusive evening of bourbon tasking to benefit the Indiana Center for Prevention of Youth Abuse & Suicide. Join us for an evening of fine bourbons and delicious hors d' oeuvres while networking with other VIPs--all for a great cause.

Seating is Limited.
All proceeds go to protecting Indiana youth from abuse and suicide.
By invitation only.
For more information, contact Judy Neuman at jneuman@dsvlaw.com or 317.580.4848.
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This publication is published by Drewry Simmons Vornehm, LLP (DSV). This publication is intended for general information purposes only, and neither the information nor opinions expressed herein are intended, and should not be construed as furnishing of legal advice to any individual or group. Under no circumstances should the contents of this publication be used or relied upon as a substitute for engaged legal counsel. No portion of this newsletter may be reproduced without the express written consent of DSV.