Law

Home builders close after alleged embezzlement scheme

June 23, 2011
Cory Schouten
Two prominent area home builders have ceased operations after owner J. Greg Allen filed suit against two longtime executives, alleging they've been stealing from the companies for years.
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White blames transient time for voting allegations

June 20, 2011
Associated Press
Indiana Secretary of State Charlie White on Tuesday is expected to paint a picture of a man with a complicated personal life who was essentially without a home for nearly a year when he defends himself against voter fraud allegations.
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Receiver to manage assets of Fishers money manager

June 20, 2011
Cory Schouten
A receiver will take control of assets held by Samex Capital CEO Keenan R. Hauke, a prominent Fishers money manager accused by state officials of violating securities laws.
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State gets week to respond in Planned Parenthood case

June 17, 2011
Associated Press
A federal judge on Friday gave the state of Indiana a week to respond to the Obama administration's decision siding with Planned Parenthood of Indiana in an attempt to block the state's new abortion funding law.
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Towing companies sue city over contracts

June 17, 2011
Scott Olson
The plaintiffs claim the city violated the bid process by awarding contracts to companies that didn't meet the requirements. They're asking for an injunction to prevent the contracts from taking effect.
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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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Fair Finance trustee sues National Lampoon

June 15, 2011
Greg Andrews
Fair Finance Co.’s bankruptcy trustee this week sued National Lampoon Inc. seeking to recover millions of dollars that indicted financier Tim Durham provided the ailing Los Angeles-based comedy business over the past decade.
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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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Effort to save minority car dealer lands Bill Mays in ditchRestricted Content

June 11, 2011
Greg Andrews
PNC Bank last month sued Mays, one of the city’s most prominent black businessmen, charging he defaulted on a $3.5 million loan he received in 2008 that has an unpaid balance of $2 million.
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Evangelical Baptist Missions settles legal dispute with IT vendorRestricted Content

June 11, 2011
 IBJ Staff
Local not-for-profit said Ohio company was holding its website hostage.
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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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Lilly wins ruling in dispute with Amylin over diabetes drugs

June 8, 2011
Bloomberg News
Eli Lilly and Co. won a ruling in a lawsuit brought by Amylin Pharmaceuticals Inc., which wants to prevent Lilly from using the same people to sell Amylin’s diabetes drug and that of a competitor.
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Roche wins as high court limits university patent rights

June 6, 2011
Bloomberg News
Monday's Supreme Court decision is a victory for companies that collaborate with universities in research. Indianapolis-based Eli Lilly and Co. was among the companies that supported Roche.
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Kosenes take on ex-partner in courtRestricted Content

June 4, 2011
Cory Schouten
Principals in Kosene & Kosene Development have sued a former partner, claiming he’s trying to cut them out of a city-supported deal to redevelop the former Bank One Operations Center downtown.
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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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Finish Line settles with former employee

June 3, 2011
The Indianapolis-based athletics retailer agreed to pay $38,000 to the worker after the Equal Employment Opportunity Commission claimed it violated federal law by firing her because of a physical disability.
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Shrunken Lauth emerges from reorganization

May 31, 2011
J.K. Wall
Lauth Investment Properties, which holds the remains of the real estate empire of Lauth Group, has emerged from Chapter 11 bankruptcy, with about $25 million and a portfolio of properties valued at $35 million.
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Family has steely plan for shifting business to next generationRestricted Content

May 28, 2011
Norm Heikens
Westfield Steel owners Karyn and Fred Prine are well on the way to transitioning to the next generation—son Fritz—thanks to timely planning.
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Legal bills make it tough for City Market to become self-sustainingRestricted Content

May 28, 2011
Francesca Jarosz
The city’s mounting legal bills to cover lawsuits involving Indianapolis City Market are adding to the taxpayer cost of subsidizing the venue and making it tougher for the market to become self-sufficient.
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Farm Bureau suit says Walmart TV set Hoosier's house on fire

May 27, 2011
J.K. Wall
A southern Indiana man got more than he bargained for when he bought a low-price TV from Walmart. He says the television set his house on fire.
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Legal issues follow local race team into 500 weekend

May 27, 2011
Scott Olson
Indianapolis-based Panther Racing, which has two drivers in this weekend's Indy 500, has been sued by a former employee, its former landlord and even one of its former drivers, mostly over allegations of not paying its bills.
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City Market set to oust 19-year tenant Enzo Pizza

May 25, 2011
Scott Olson
Directors of the historic building have notified the pizza restaurant that it needs to have its equipment removed by the end of the day on Friday after the two sides could not agree on a new lease.
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Indiana welfare workers indicted for stealing $191K

May 24, 2011
Associated Press
U.S. Attorney Joe Hogsett said Tuesday the three created 126 benefit cards in the names of welfare clients and used them to withdraw money at bank machines, buy retail goods and sell them from 2008 until April 2010.
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Lawyers for Marsh Supermarkets can’t depose David Marsh

May 23, 2011
Scott Olson
A federal magistrate ruled in favor of David Marsh in an attempt by lawyers for Marsh Supermarkets to depose him in the company's lawsuit against his father, ex-CEO Don Marsh.
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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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