Law

Fair Finance judge throws out $33M Dan Laikin judgmentRestricted Content

August 30, 2014
Greg Andrews
The ruling is a big setback for bankruptcy Trustee Brian Bash, who has yet to provide any recovery to the more than 5,000 Ohio residents who lost more than $200 million when the Tim Durham-led company collapsed in 2009.
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Change of plea hearing set for Colts owner Irsay

August 29, 2014
Associated Press
A change of plea hearing has been set for Tuesday for Indianapolis Colts owner Jim Irsay, who faces drug-related charges following a March traffic stop.
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Appeals court finds for employee in fight over non-compete pact

August 29, 2014
Jennifer Nelson / The Indiana Lawyer
An Indiana man who joined a competitor immediately after his employment ended at a Carmel-based company did not violate a non-compete agreement, the Indiana Court of Appeals ruled Thursday.
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Lilly, partner lose appeal to overturn $9 billion Actos court award

August 28, 2014
Bloomberg News
Takeda Pharmaceutical Co. and Eli Lilly and Co. lost a bid to have a judge throw out a combined $9 billion punitive-damage award over claims the drugmakers hid the cancer risks of their Actos diabetes medicine.
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Ex-Indiana elections chief starts political blog

August 27, 2014
Associated Press
Former Indiana Secretary of State Charlie White has been stripped of office and he doesn't have a job, so he's turning to the Internet.
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Judges chide state lawyers over gay marriage bans

August 26, 2014
Associated Press
Federal appeals judges bristled on Tuesday at arguments defending gay marriage bans in Indiana and Wisconsin, with one Republican appointee comparing them to now-defunct laws that once outlawed weddings between blacks and whites.
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Two HDG Mansur creditors seek liquidation of the firm

August 26, 2014
Scott Olson
The firms claim in court filings that HDG Mansur has no hope of reorganizing under Chapter 11 and is stalling to avoid paying a $5.8 million judgment.
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Indiana, Wisconsin join rush for same-sex marriage review

August 26, 2014
Bloomberg News
Amid the rush for U.S. Supreme Court review of gay-marriage bans, Indiana and Wisconsin are set to ask a federal appeals court on Tuesday to declare their laws barring such unions constitutional.
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Purdue balks at use of its brand in panned film

August 25, 2014
Associated Press
Purdue University officials are asking their legal counsel to look into a new movie that makes frequent references to the school despite its refusal to grant permission to use official trademarks and logos.
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Indiana Excise Police arrest 134 in college towns

August 24, 2014
Associated Press
Police say the arrests occurred over the weekend while officers patrol near college campuses as students return for the start of the new school year.
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Broad Ripple lawyer represents cyclists involved in personal injury accidents

August 23, 2014
Anthony Schoettle
Indianapolis attorney Tim Caress’ desire to combine his after-work passions with helping people whose “lives have been turned upside down” resulted in his rolling—and running—into a new and growing line of business.
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Kite Realty creates general counsel postRestricted Content

August 23, 2014
 IBJ Staff
Kite Realty Group Trust has created the position of executive vice president, general counsel and corporate secretary and has brought aboard Scott E. Murray to fill it.
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NCAA files intent to appeal O'Bannon decision

August 21, 2014
Associated Press
The NCAA has notified the 9th U.S. Circuit Court of Appeals that it intends to appeal a judge's ruling in the Ed O'Bannon case that it violated antitrust laws. What's unclear is how the NCAA's legal team will attack the ruling.
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Residents of Packard condos settle suit with developer

August 21, 2014
Cory Schouten
Residents of downtown's The Packard condominiums have settled a two-year-old lawsuit with developer Kosene & Kosene Residential.
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Judge: Pence contradicted himself on gay marriage

August 20, 2014
Associated Press
A federal judge says Indiana Gov. Mike Pence contradicted himself on same-sex marriage, telling the court he had no power to enforce Indiana's gay marriage ban but then directing executive agencies about how to proceed after court rulings on the subject.
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Judge denies stay after right-to-work ruling

August 20, 2014
Associated Press
A northwest Indiana judge has rejected a request by the Indiana attorney general's office that he put on hold his order striking down the state's right-to-work law until the state Supreme Court rules on a similar case.
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'Bring your own device' creates privacy issues for employees

August 20, 2014
Marilyn Odendahl, Indiana Lawyer Staff
Companies are concerned about data security and access to mobile devices used for work. Employees want to keep prying eyes—including those of their employers—away from their personal business.
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Judge tells Indiana to honor other states' gay marriages

August 19, 2014
Associated Press
A federal judge ruled Tuesday that Indiana must recognize same-sex marriages performed in other states, but stayed the ruling until the 7th U.S. Circuit Court of Appeals could decide on the issue.
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Indiana's first female chief justice assumes office

August 18, 2014
Associated Press
Loretta Rush was formally sworn in Monday as Indiana's first female chief justice, but her gender hardly was mentioned during the ceremony.
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NCAA's strongest argument might be cap limit

August 18, 2014
Associated Press
The NCAA's best argument against the Ed O'Bannon ruling may be the financial limits imposed by U.S. District Judge Claudia Wilken — the same ones the NCAA lauded in her decision.
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Colts' Irsay seeks delay of trial on DWI charges

August 18, 2014
Associated Press
An attorney for Indianapolis Colts owner Jim Irsay filed the request for the continuance Monday. His trial had been scheduled for Aug. 28.
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Indiana's first female chief justice taking office

August 18, 2014
Associated Press
Loretta Rush is scheduled to be sworn in as Indiana Supreme Court chief justice on Monday afternoon by Gov. Mike Pence. She replaces current Chief Justice Brent Dickson.
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Contractor gets probation in prevailing wage case

August 13, 2014
 IBJ Staff
Indianapolis construction contractor David Roark was sentenced Wednesday in Marion County Court to two years of probation after he was accused of violating the state's common wage law.
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Local man faces 20 investment-related felony counts

August 13, 2014
Jeff Newman
Robert E. Wilson, 54, who operated locally based Wellington Institutional Management LCC, was charged in Marion County Court with 10 counts of securities fraud and 10 counts of being an unregistered broker-dealer.
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Indiana challenge to Obamacare tax-credit rule can go forward

August 12, 2014
Bloomberg News
U.S. District Judge William T. Lawrence in Indianapolis on Tuesday denied an IRS bid to dismiss that portion of the state’s 2013 lawsuit, in which it claimed the rule illegally conflicts with a provision of the federal law.
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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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