Judgments

Convenience stores remount challenge to cold-beer laws

July 15, 2014
Mason King, Associated Press
Convenience stores in Indiana are appealing a decision from a federal judge in June that continued to prohibit them from selling cold beer.
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Emmis wins latest battle in unpaid-dividend case

March 4, 2014
 IBJ Staff
Plaintiffs in the case had sought $34 million in unpaid dividends. Shareholders had voted in 2012 to wipe away the obligation, at the request of management.
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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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Appeals court upholds Indianapolis smoking ban

November 26, 2013
Jennifer Nelson / The Indiana Lawyer
The court's decision denied an injunction request from several bar owners who claimed the 2012 law would have a negative impact on their businesses.
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Zimmer told to pay Stryker $228 million in patent case

August 8, 2013
Bloomberg News
Indiana-based Zimmer Holdings Inc., which lost a February trial against Stryker Corp. over a surgical device patent, was told to pay three times the jury award, plus other costs.
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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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Tiny Lebanon firm prevails in multimillion-dollar patent caseRestricted Content

June 22, 2013
Anthony Schoettle
In the past 18 months, Larry Durkos—who invented a machine that attaches metal bed box springs and coils to wood frames—has scored two stunning victories over Leggett & Platt Inc., a Missouri-based box-spring conglomerate.
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Settlement talks set for Don Marsh severance dispute

March 1, 2013
Scott Olson
Lawyers for Marsh Supermarkets Inc. and its former CEO will meet Monday on the issue of whether Don Marsh should have to repay the roughly $2.1 million in severance he received from the company.
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Judge clears two horsemen from defamation suit

January 29, 2013
Kathleen McLaughlin
A federal judge has released two Indiana horsemen from the ongoing defamation and conspiracy case brought by Ed Martin Jr., a former car dealer and thoroughbred breeder.
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Indiana Supreme Court considers punitive damage cap

December 13, 2012
Associated Press
A top state attorney defended Indiana's punitive damages law Thursday against claims that it renders trials meaningless by forcing judges to reduce awards in lawsuits without telling jurors.
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Supreme Court ponders definition of work supervisor

November 27, 2012
Associated Press, Indiana Lawyer Staff
The Supreme Court, in response to an Indiana case, may make a final decision on whether to draw a legal line between work colleagues and work managers, at least when it comes to harassment and retaliation claims.
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Royal Spa owner prevails in suits involving ex-employee

October 4, 2012
Scott Olson
Royal Spa CEO Robert Dapper won a small judgment against ex-employee Kevin Roessler, and had a complaint and counterclaim containing sexually explicit charges against him dismissed.
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Judge dismisses whistleblower suit against Rolls-Royce

September 27, 2012
Scott Olson
A former senior project engineer at Rolls-Royce's Indianapolis plant accused the company of selling parts to the government that it knew did not meet contractual specifications.
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Firm pitching Super Bowl rentals in Indy ordered to pay up

July 12, 2012
Associated Press
An Indianapolis judge has ordered a Phoenix-based home rental company to pay nearly $218,000 for not providing promised services before the Super Bowl last February.
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Indianapolis man awarded $5.6M in factory accident

April 4, 2012
Ronald W. Hargis lost four fingers from his left hand and underwent a dozen surgeries after being injured by a compression roller while testing new equipment at Flutes Inc. in Indianapolis. Hargis sued the North Carolina manufacturer of the equipment.
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Judge rules Charlie White ineligible for candidacy

December 22, 2011
 Franklin College News Bureau, Francesca Jarosz
A Marion County judge has ruled that Secretary of State Charlie White was ineligible to be a candidate and the office should go to Democrat Vop Osili, his challenger in the 2010 election.
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Marsh wins $19.5M judgment against Roche

December 20, 2011
Scott Olson
A Hamilton Superior Court judge awarded damages to the local supermarket chain in a soured sublease deal it signed with Roche Diagnostics in March 2008.
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Judge removes Bosma from case over legislative walkout fines

December 6, 2011
Michael W. Hoskins
A Marion Superior judge has ruled that state courts don’t have the ability to interfere with the Indiana General Assembly’s constitutional authority to pass laws or its own internal rules, including how it compels attendance or imposes fines.
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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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State pays attorneys' fees in federal lawsuitRestricted Content

July 23, 2011
 IBJ Staff
Midwest Title Loans prevailed in its lawsuit against the state, will collect $440,000.
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Judge whacks claim that games infringe on Dillinger name

June 17, 2011
Cory Schouten
A federal judge has shot down a lawsuit brought by heirs of notorious bank robber John Dillinger over the depiction of the Dillinger name in video games based on the classic movie "The Godfather."
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Accountants lose court battle with former firm

June 16, 2011
Scott Olson
A Marion County judge ruled against three former partners in a local accounting firm who were trying to collect the full amount of their stock ownership after they left the company to start a rival firm.
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Federal judge dismisses Brightpoint fraud suit

June 13, 2011
Scott Olson
A London-based hedge fund sued Brightpoint over a $10 million loan it alleged the Indianapolis-based mobile phone distributor fraudulently brokered in anticipation of an acquisition that never materialized.
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Magistrate reverses David Marsh deposition ruling

June 9, 2011
Scott Olson
Citing new information, U.S. Magistrate Tim A. Baker now says lawyers for Marsh Supermarkets can depose David A. Marsh, son of the company's former CEO, Don Marsh. Baker previously ruled that he couldn't be deposed.
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Judge tosses Noble Roman's franchisee claims

February 21, 2011
Cory Schouten
Noble Roman's Inc. has won a pivotal courtroom victory in a battle with 14 former franchisees of its dual-branded Noble Roman’s Pizza and Tuscano’s Italian Style Subs restaurants.
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  1. The $104K to CRC would go toward debts service on $486M of existing debt they already have from other things outside this project. Keystone buys the bonds for 3.8M from CRC, and CRC in turn pays for the parking and site work, and some time later CRC buys them back (with interest) from the projected annual property tax revenue from the entire TIF district (est. $415K / yr. from just this property, plus more from all the other property in the TIF district), which in theory would be about a 10-year term, give-or-take. CRC is basically betting on the future, that property values will increase, driving up the tax revenue to the limit of the annual increase cap on commercial property (I think that's 3%). It should be noted that Keystone can't print money (unlike the Federal Treasury) so commercial property tax can only come from consumers, in this case the apartment renters and consumers of the goods and services offered by the ground floor retailers, and employees in the form of lower non-mandatory compensation items, such as bonuses, benefits, 401K match, etc.

  2. $3B would hurt Lilly's bottom line if there were no insurance or Indemnity Agreement, but there is no way that large an award will be upheld on appeal. What's surprising is that the trial judge refused to reduce it. She must have thought there was evidence of a flagrant, unconscionable coverup and wanted to send a message.

  3. As a self-employed individual, I always saw outrageous price increases every year in a health insurance plan with preexisting condition costs -- something most employed groups never had to worry about. With spouse, I saw ALL Indiana "free market answer" plans' premiums raise 25%-45% each year.

  4. It's not who you chose to build it's how they build it. Architects and engineers decide how and what to use to build. builders just do the work. Architects & engineers still think the tarp over the escalators out at airport will hold for third time when it snows, ice storms.

  5. http://www.abcactionnews.com/news/duke-energy-customers-angry-about-money-for-nothing

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