Breach of contract

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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Trump says she's willing to make up with Menard

November 14, 2013
J.K. Wall
Donald Trump's wife testified Thursday that she would still promote her “Melania” line of skin care products if only the company that makes them, which is controlled by hardware mogul John Menard, would honor its contract with her.
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Hilbert says Menard has 'picked on the wrong people'

November 13, 2013
J.K. Wall
Both in and out of court Wednesday afternoon, Steve Hilbert was calm but defiant about the allegations made by hardware store owner John Menard against him, describing them as “totally personal” and a “vendetta.”
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Menard's fight with Hilberts to surface in trial with Trump

November 11, 2013
 IBJ Staff
A skirmish in the ongoing legal war between hardware store magnate John Menard and former business partner Stephen Hilbert will arise in open court on Tuesday, as a trial begins between one of Menard's companies and former model Melania Trump.
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Radio One alleges ex-WTLC DJ violated 'payola' policy

October 25, 2013
Chris O'Malley
"Khris Raye" filed suit for breach of contract and back pay after being fired, and Radio One responded that the former disc jockey violated the station's policy for altering its playlist.
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Don Marsh to keep $2.2M severance from grocery chain

July 30, 2013
Scott Olson
Judge Sarah Evans Barker issued an order allowing Marsh to keep the severance paid by his former company, which attempted to recover the payments from him. The order ends a four-year court battle between the two parties.
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More franchisees join revolt over Steak n Shake menu pricing

May 1, 2013
Scott Olson
Three franchise owners filed suit last month against Steak n Shake, including two on the same day, challenging the company's policy that they say prohibits them from setting their own menu prices.
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Insurance customer lawsuits dog CNORestricted Content

November 24, 2012
Chris O'Malley
CNO Financial Group appears to have wrapped its arms around the cost of settling a trio of consumer lawsuits involving life insurance rate hikes, but it’s not out of the woods yet.
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Court rules Steak n Shake broke pact with ad agency

September 26, 2012
Anthony Schoettle
A District Court in Indiana this week ruled that Steak n Shake in 2009 breached its $4.36 million contract with its former advertising agency, Georgia-based Varnson Group.
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Andy Mohr target of Volvo Trucks lawsuit

April 11, 2012
Scott Olson
A division of the Swedish automaker claims in a federal suit that local car dealer Andy Mohr failed to deliver on several promises after securing a five-year contract to sell Volvo trucks. An attorney for Mohr counters that Volvo is at fault and said Mohr plans his own lawsuit.
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Indiana Supreme Court will hear IBM case

January 9, 2012
Michael W. Hoskins
The Indiana Supreme Court will decide whether Gov. Mitch Daniels must appear for a deposition and testify in an ongoing lawsuit challenging the cancelled IBM contract to modernize the state’s welfare system.
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Towing company suing city over loss of contract

January 9, 2012
Scott Olson
Interstate/Delaware & South Towing has filed suit against Indianapolis, charging breach of contract. The company, accused of numerous towing violations, faces suspension or revocation of its license.
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Brightpoint suing software vendor for negligence

March 3, 2011
Scott Olson
The local distributor of wireless phones has filed suit against Massachusetts-based Emptoris Inc., and is looking to recoup millions of dollars it paid the company in addition to the amount it says it spent trying to fix the problem.
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Allison Transmission, key supplier continue court battleRestricted Content

November 20, 2010
Kathleen McLaughlin
The dispute reached a boiling point early this year when the supplier, Allison’s sole supplier of bonded piston seals, threatened to stop shipping.
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Former iSalus CEO sues tech firm for breach of contract

October 27, 2010
Andrea Muirragui Davis
Mark A. Day is suing Indianapolis-based technology firm iSalus Healthcare, claiming he was dismissed without cause and is entitled to severance pay and benefits.
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Defunct ATA Airlines awarded $66M in FedEx lawsuit

October 25, 2010
Chris O'Malley
An Indianapolis jury has returned a $65.9 million verdict against Memphis-based FedEx in a breach-of-contract lawsuit brought in 2008 by now-defunct ATA Airlines.
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Bank suing Estridge Cos. for securities fraud

September 16, 2010
Scott Olson
Bank of Indiana files complaint against the home builder, alleging it failed to repay a $1 million investment due June 30. The complaint further accuses law firm Krieg DeVault LLP of malpractice and breach of fiduciary duty.
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Smulyan-led firm sues backer over failed Emmis deal

September 15, 2010
Andrea Muirragui Davis
Emmis Communications Corp. CEO Jeff Smulyan’s JS Acquisition LLC is suing its one-time financier for backing out of a deal to take the Indianapolis-based media company private.
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Secondary lender sues Chase over fire sale

July 8, 2010
Kathleen McLaughlin
Indiana Community Business Credit Corp. alleges breach of contract after JP Morgan Chase auctioned off assets of American Sentry Guard of Greenwood.
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Developer George Broadbent sued for $9M by widow of co-founder

July 3, 2010
Greg Andrews
Avis Skinner alleges Broadbent isn’t making the payments he committed to when he bought out her husband's real estate interests in 2006.
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Local attorney sues Fundex over game royalties

March 29, 2010
A local lawyer who created the game "Chronology" alleges breach of contract, trademark infringement, use of a counterfeit mark, unfair competition, copyright infringement, trademark dilution and forgery.
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IPL wins retiree benefit disputeRestricted Content

May 25, 2009
Chris O'Malley
Indianapolis Power & Light could have been on the hook for more than $100 million in retirement benefits, but a ruling this month by the Indiana Utility Regulatory Commission allows IPL to keep the money.
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Questions about expenses have dogged Marsh beforeRestricted Content

April 13, 2009
Greg Andrews
Don Marsh lashed back last month after the owner of Marsh Supermarkets Inc. filed a lawsuit accusing him of billing the company for millions of dollars in personal expenses.
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Harlan Bakeries sues vendor over equipment glitchesRestricted Content

April 6, 2009
Peter Schnitzler
Harlan Bakeries recently filed a lawsuit against equipment vendor Doboy Inc., saying it provided faulty equipment to package Harlan's cream-cheese-filled bagels.
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A showy millionaire faces spate of lawsuits

February 16, 2009
Greg Andrews
A recent spate of lawsuits, filed by a who's who of Indianapolis businessmen, exposes cracks in Tim Durham's veneer of opulence.
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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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