Appeal

Former Junior Achievement boss loses defamation appeal

April 3, 2014
Indiana Lawyer Staff, Dave Stafford
Jeffrey Miller wanted claims reinstated against Federal Express Corp. and 500 Festival Inc., which owned computers used to post online comments alleging his misuse of funds and possible criminal acts.
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Purdue loses appeal to shield discrimination report

March 24, 2014
Dave Stafford
An appellate panel had harsh words for Purdue University’s conduct in shielding a report investigating a former chancellor’s complaint of gender discrimination and harassment against former university president France Cordova.
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Zoeller to defend Indiana marriage law against suit

March 7, 2014
Associated Press
Four couples from southern Indiana filed suit in federal court Friday looking to overturn the state's ban on gay marriage and the refusal to recognize gay marriages from other states.
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Grid operators feud over transmission lines, payments

February 26, 2014
Dan Human
Midcontinent Independent System Operator Inc.'s recent expansion into the South has thrust the Carmel group into a dispute over whether it has to pay for using another firm's power lines.
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Appeals court: IBM breached contract with state

February 13, 2014
Jennifer Nelson / The Indiana Lawyer
The Indiana Court of Appeals has reversed a Marion County judge's finding that IBM did not materially breach the contract it had with the state to modernize its welfare system.
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Former Colt Saturday seeks 'jock tax' refund from Cleveland

December 4, 2013
Mason King
Jeff Saturday has filed suit against the city of Cleveland, fighting a so-called "jock tax" that he contends unfairly dinged him during his playing days as an Indianapolis Colt.
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Indiana appeals court hears welfare lawsuit

November 25, 2013
Associated Press
Lawyers representing Indiana asked an appeals court Monday to refund much of the money the state has paid IBM for a failed welfare privatization effort, but the company countered it's actually entitled to even more.
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Court sides with state on auto-dial law but orders review

November 23, 2013
 The Statehouse File
A federal appeals court has ruled that an Indiana law banning most political calls that use automated dialers and recorded messages doesn’t violate federal consumer-protection rules.
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Appeals court weighs Duke Energy merger deal

November 6, 2013
Associated Press
The North Carolina Court of Appeals is being asked to decide whether the deal that made Charlotte-based Duke Energy Corp. the country's largest electric company should be revised to do more for consumers.
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$120M lawsuit over central Indiana factory moves ahead

October 14, 2013
Associated Press
The appeals court declined to hear an appeal from Getrag Transmission of a Tipton County judge's ruling that the lawsuit filed by Walbridge Construction should go to trial or settlement.
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Dow Agro wins latest patent case involving Enlist product

October 8, 2013
 IBJ Staff
The suit, filed in January 2012 by South African-based Bayer CropScience SA, charged that Dow Agro’s Enlist E3 soybean seed infringed one of its patents.
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Miami man pleads guilty to warehouse thefts

September 9, 2013
A Miami man who helped carry out the theft of about $90 million in prescription drugs from a Eli Lilly warehouse in Connecticut pleaded guilty Monday to similar thefts in Florida, Kentucky and Virginia.
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Indiana wants Hardy misconduct charges reinstated

September 9, 2013
Associated Press
The state will appeal a ruling that threw out four felony counts of official misconduct against Indiana's former top utility regulator, the attorney general's office said Monday.
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Indiana judge finds portion of right-to-work law unconstitutional

September 9, 2013
Associated Press
A Lake County judge has ruled that Indiana's right-to-work law violates a provision in the state constitution barring the delivery of services "without just compensation." The law will stay in effect while an appeal to the state Supreme Court is prepared.
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State appeals court sets hearing on IBM welfare lawsuit

September 3, 2013
Associated Press
The state is appealing a Marion County judge's ruling last year awarding $52 million to IBM after then-Gov. Mitch Daniels canceled what was a 10-year, $1.37 billion contract.
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State justice denies motion to recuse himself

August 14, 2013
Indiana Lawyer Staff, Dave Stafford
Despite close ties to the project manager of the Rockport coal-gasification plant, Indiana Supreme Court Justice Mark Massa has decided to hear a pending case on the project.
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Attorney’s report alleges trucking school small-claims abuses

July 26, 2013
An attorney’s report examining more than 7,700 lawsuits filed by an Indianapolis-based trucking school alleges systemic abuses that resulted in thousands of judgments against people who may never have stepped foot in the county or the state.
More

Supreme Court rules for Ball State in discrimination decision

June 24, 2013
Associated Press
Maetta Vance, an African-American, alleged that a co-worker at BSU created a hostile work environment. The court's rulings on Monday make it more difficult for Americans to sue businesses for discrimination and retaliation.
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Canada’s Supreme Court won’t hear Lilly appeal on Zyprexa

May 16, 2013
Bloomberg News
Eli Lilly claims recent decisions by Canadian courts invalidating 17 drug patents have made the country an outlier among major developed countries.
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Court upholds Indiana's limit on civil damages

May 16, 2013
Associated Press
The Indiana Supreme Court has upheld the state law limiting punitive damages awarded in civil lawsuits and directs most of that money to a state victims fund.
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National fraternities face more legal risk after court ruling

May 15, 2013
Bloomberg News
An Indiana appeals court ruling regarding the death of a Wabash College freshman may force national fraternities to take more responsibility for misconduct at chapter houses.
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State Farm must pay Fishers contractor $14.5M, court rules

April 11, 2013
 IBJ Staff, Indiana Lawyer Staff
The Indiana Court of Appeals has affirmed a $14.5 million award of damages against State Farm Insurance to a Fishers-based construction firm. The award is one of the largest defamation awards in U.S. history, according to the court.
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Appeals court upholds Marsh's $18.2M award from Roche

April 1, 2013
 IBJ Staff, Jennifer Nelson / The Indiana Lawyer
The Indiana Court of Appeals upheld an $18.2 million judgment Monday in favor of Marsh Supermarkets LLC on its complaint alleging that Roche breached a contract to sublease space in the Fishers building that houses Marsh’s headquarters.
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High-priced Chicago firm handling Durham’s appeal pro bono

February 20, 2013
Scott Olson
A lawyer from one of the nation's largest law firms is handling the convicted financier's federal appeal free of charge, court documents show.
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Durham can appeal fraud sentence as indigent, judge rules

January 6, 2013
Associated Press
A federal judge says former Indiana financier Tim Durham doesn't have to pay to appeal his conviction for swindling investors out of more than $200 million.
More
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  1. By Mr. Lee's own admission, he basically ran pro-bono ads on the billboard. Paying advertisers didn't want ads on a controversial, ugly billboard that turned off customers. At least one of Mr. Lee's free advertisers dropped out early because they found that Mr. Lee's advertising was having negative impact. So Mr. Lee is disingenous to say the city now owes him for lost revenue. Mr. Lee quickly realized his monstrosity had a dim future and is trying to get the city to bail him out. And that's why the billboard came down so quickly.

  2. Merchants Square is back. The small strip center to the south of 116th is 100% leased, McAlister’s is doing well in the outlot building. The former O’Charleys is leased but is going through permitting with the State and the town of Carmel. Mac Grill is closing all of their Indy locations (not just Merchants) and this will allow for a new restaurant concept to backfill both of their locations. As for the north side of 116th a new dinner movie theater and brewery is under construction to fill most of the vacancy left by Hobby Lobby and Old Navy.

  3. Yes it does have an ethics commission which enforce the law which prohibits 12 specific items. google it

  4. Thanks for reading and replying. If you want to see the differentiation for research, speaking and consulting, check out the spreadsheet I linked to at the bottom of the post; it is broken out exactly that way. I can only include so much detail in a blog post before it becomes something other than a blog post.

  5. 1. There is no allegation of corruption, Marty, to imply otherwise if false. 2. Is the "State Rule" a law? I suspect not. 3. Is Mr. Woodruff obligated via an employment agreement (contractual obligation) to not work with the engineering firm? 4. In many states a right to earn a living will trump non-competes and other contractual obligations, does Mr. Woodruff's personal right to earn a living trump any contractual obligations that might or might not be out there. 5. Lawyers in state government routinely go work for law firms they were formally working with in their regulatory actions. You can see a steady stream to firms like B&D from state government. It would be interesting for IBJ to do a review of current lawyers and find out how their past decisions affected the law firms clients. Since there is a buffer between regulated company and the regulator working for a law firm technically is not in violation of ethics but you have to wonder if decisions were made in favor of certain firms and quid pro quo jobs resulted. Start with the DOI in this review. Very interesting.

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