Appeal

Court affirms Murat Centre renaming decision

August 16, 2011
A state appellate court upheld a lower court's dismissal of a lawsuit that sought to block the Old National Centre naming rights deal.
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Indiana AG won't appeal immigration ruling

July 19, 2011
Associated Press
Indiana Attorney General Greg Zoeller says he won't appeal a federal judge's decision to temporarily block part of a new state immigration law but will continue to fight against a ruling that would make the ban permanent.
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Appeals court: Eiteljorg estate trustees breached duties

June 27, 2011
Scott Olson
A panel of state appellate court judges backed a trial court's decision, determining trustees for the estate of Harrison Eiteljorg breached their duties by failing to distribute more than $1 million to his two sons.
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Zyprexa appeal rejected by Supreme Court

June 27, 2011
Bloomberg News
The U.S. Supreme Court has refused to revive a bid to press a $6.8 billion class-action suit against Eli Lilly and Co. over the marketing of Zyprexa, the company’s schizophrenia treatment.
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Ex-Countrymark CEO’s bid to reduce sentence denied

June 3, 2011
David Swanson had asked a federal judge to vacate or reduce his 12-year prison sentence stemming from his 2002 conviction for wire fraud, money laundering and tax evasion.
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State court rejects Bren Simon's appeal in estate battle

April 18, 2011
 IBJ Staff
The Indiana Court of Appeals has dismissed Bren Simon’s petition seeking to reverse a lower court’s ruling that removed her as interim trustee of her late husband’s $2 billion estate.
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Ex-Countrymark CEO clamors for conviction reversal

March 21, 2011
 IBJ Staff
David Swanson, who was sentenced to 15 years in prison for skimming $2.7 million from CountryMark in 2003, was in court in Indianapolis last week, trying to get his sentence reduced or conviction overturned.
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Appeals court agrees to hear challenge in Simon case

February 16, 2011
Cory Schouten
The Indiana Court of Appeals has agreed to hear an appeal from the widow of the late Melvin Simon, putting on hold a legal dispute over the mall magnate's more than $2 billion estate.
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Judges to hear challenge to state’s alcohol permit process

January 28, 2011
Scott Olson
A panel of Indiana Court of Appeals judges on Monday will consider a complaint from the Indiana Association of Beverage Retailers, which insists too many competing drugstores are receiving beer permits.
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Bren Simon fires attorneys in estate dispute, appeals ruling

January 26, 2011
Cory Schouten
Bren Simon is poised to replace her outside legal team in favor of a heavy hitter from Chicago as she appeals two courtroom setbacks in Hamilton County.
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Firm that ignored lawsuit now paying a hefty priceRestricted Content

October 23, 2010
Greg Andrews
Tax-resolution firm JK Harris did not defend itself against a lawsuit and got pummeled as a result. Now, it's brought in an attorney who's trying to undo the mess.
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Court revisits IURC ruling after agency lawyer jumps to utilityRestricted Content

October 16, 2010
Chris O'Malley
A Duke Energy case handled by an Indiana Utility Regulatory Commission lawyer—while he jockeyed for a job with the utility—is headed to the Indiana Court of Appeals.
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Ruling cuts $42M award for state workers seeking back pay

October 8, 2010
 IBJ Staff
An appeals court said union workers were eligible for just a couple of months of back pay, rather than for 20 years of back pay.
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Court of Appeals upholds Miller estate decision

September 30, 2010
Kathleen McLaughlin
The Indiana Court of Appeals has sided with former Columbus, Ind., banker Will Miller in an estate battle launched by his older brother, Hugh. In an opinion issued Thursday, the court said Will Miller was correct to spend more than $20 million over 3-1/2 years on the upkeep of properties owned by the wealthy Columbus family.
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Indiana Supreme Court won't hear Lee's Inns dispute

September 18, 2010
 IBJ Staff
A long-running legal battle among members of the Lee family of North Vernon over the valuation of their hotel chain has come to an end.
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Ex-race car driver loses appeal on Porsche ownership

April 13, 2010
Michael W. Hoskins
The 7th Circuit Court of Appeals has ruled that the Indianapolis Motor Speedway Foundation Inc. is the rightful owner of a classic 1979 Porsche on display at its Hall of Fame Museum.
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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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