Appeal

Durham attorney vows to appeal guilty verdict

June 21, 2012
Cory Schouten
An attorney for convicted fraud mastermind Tim Durham vowed Thursday to appeal the case to the U.S. Supreme Court if necessary to prove his client did nothing wrong.
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Zionsville wins appeal in airport zoning dispute

June 21, 2012
Scott Olson
The town now has zoning jurisdiction over Indianapolis Executive Airport, which is located within its borders following an annexation, but is operated by the Hamilton County Airport Authority.
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Federal court to hear Steak n Shake franchisee appeal

May 21, 2012
Scott Olson
The case involves an Illinois franchisee of Steak n Shake that successfully sued the company over its mandatory menu and pricing policies. The company's appeal is set to be heard Wednesday by a federal appeals court in Chicago.
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Appellate judges rule against Simon in defamation case

February 29, 2012
Jennifer Nelson / The Indiana Lawyer
A defamation lawsuit filed by Indiana Pacers owner Herb Simon and his wife against a California attorney looks as though it will be thrown out after an appeal.
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Appeals court rules on anonymous online comment case

February 21, 2012
Jennifer Nelson / The Indiana Lawyer
The Indiana Court of Appeals on Tuesday ordered a Marion County judge to reconsider whether The Indianapolis Star must identify an online user who posted an anonymous comment that now is part of a defamation lawsuit.
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FedEx wins reversal of jury's $66M award to ATA

December 27, 2011
FedEx Corp. has won an appeal that overturns a $66 million verdict in favor of defunct Indianapolis airline ATA Airlines Inc.
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Simon widow loses another battle in estate fight

November 17, 2011
Michael W. Hoskins, Cory Schouten
The Indiana Court of Appeals ruled Bren Simon doesn't have legal standing to challenge a judge's decision not to recuse himself from overseeing the court fight over her late husband Melvin's $2 billion estate.
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Judge denies Plowman request to overturn convictions

September 29, 2011
Former City-County Councilor Lincoln Plowman had asked a judge to overturn his attempted extortion and bribery convictions after a jury found him guilty of the charges Sept. 15.
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Judge stays decision in WellPoint policyholder case

September 23, 2011
J.K. Wall
Former policyholders of WellPoint Inc., who won a right to a class-action trial over their claims that they were shortchanged when the company went public a decade ago, will have to put their trial plans on hold.
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Court upholds former pastor's fraud sentence

September 19, 2011
Associated Press
The Indiana Court of Appeals has upheld a 54-year sentence for a 67-year-old former pastor convicted of pocketing millions of dollars that investors believed would be used to build churches.
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Judge denies ex-Countrymark CEO’s release from prison

September 9, 2011
David Swanson had requested to be let out of prison until an appeals court hears his case for early release later this month. He's serving a 12-year sentence for wire fraud, money laundering and tax evasion.
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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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