Lawsuits

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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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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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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UPDATE: Court allows education board lawsuit to proceed

July 29, 2014
Associated Press
A Marion County judge has cleared the way for a lawsuit to proceed against members of the State Board of Education that alleges public access violations.
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Bar owner alleges racism in lease dispute

July 26, 2014
Scott Olson
The owner of a nightclub in the heart of Broad Ripple believes his landlords nearly doubled his rent for just one reason: to force him and his mostly African-American clientele from the building.
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NCAA’s $60M video-game settlement moves ahead

July 25, 2014
Bloomberg News
The decision may mean that the judge will soon rule on whether the Indianapolis-based NCAA must change its rules to let students negotiate licenses for the use of their names and images.
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Hauke accounting firm to pay $1.8M in fraud settlement

July 22, 2014
Jeff Newman
DeWitt & Shrader PC, an Indianapolis-based accounting firm that worked for convicted Ponzi schemer Keenan Hauke, has agreed to settle a state lawsuit, Indiana Secretary of State Connie Lawson announced Tuesday.
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Ag-gag laws facing federal court challenges

July 20, 2014
 Associated Press and IBJ Staff
The years-long fight between farm organizations and animal rights activists over laws prohibiting secretly filmed documentation of animal abuse is moving from state legislatures to federal courts as laws in Utah and Idaho face constitutional challenges.
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Suit tests INDOT policy of charging for highway repairsRestricted Content

July 19, 2014
Kathleen McLaughlin
A trucking company is challenging the Indiana Department of Transportation’s authority to sue for damage to state property, a lawsuit that could affect thousands of motorists and millions of dollars in revenue.
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Indiana sues county over I-69 noise ordinance

July 15, 2014
Associated Press
The Indiana Department of Transportation is suing the commissioners of a southern Indiana county, saying they have no authority to limit construction of the Interstate 69 extension near Bloomington with an ordinance that restricts overnight noise.
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Ex-HHGregg manager's lawsuit grows into class-action

July 15, 2014
Scott Olson
The lawsuit now includes 62 current and former HHGregg employees who claim they were denied incentive bonuses totaling about $5 million.
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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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Simon sues insurance companies over fatal escalator accident

June 27, 2014
Scott Olson
The mall manager has filed a lawsuit against two insurance companies claiming they should have covered its loss stemming from a teenager's escalator fall in 2009.
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Deposition challenges timing of BMV overcharges

June 15, 2014
Associated Press
A former deputy director at the Indiana Bureau of Motor Vehicles says he told agency leaders as early as 2010 that many BMV fees exceeded what was authorized under Indiana law.
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Local law firm seeks class action over state adoption subsidies

June 3, 2014
 IBJ Staff and Associated Press
Indianapolis law firm Cohen & Malad LLP filed suit Monday against the Indiana Department of Child Services that claims the state failed to pay millions of dollars in promised subsidies to families who adopted children from the state foster-care system.
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Patent lawsuits limited by Supreme Court in two rulings

June 2, 2014
Bloomberg News
The U.S. Supreme Court ruled against patent holders in two cases Monday, rejecting a legal theory used to sue technology companies and requiring patents to be written with more specific language.
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EA Sports to settle with NCAA athletes for $40 million

June 2, 2014
Associated Press
The settlement is with Electronic Arts and Collegiate Licensing Co., which licenses and markets college sports, and does not include the NCAA. A separate case against the Indianapolis-based NCAA is scheduled for trial early next year.
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Former Colt, Bear take tax lawsuit to Ohio's top court

May 29, 2014
Bloomberg News
Former Indianapolis Colts center Jeff Saturday and ex-Chicago Bear linebacker Hunter Hillenmeyer are suing Cleveland over what they consider an "egregious and shameless money grab."
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Judge dismisses wrongful death suit against Kroger

May 23, 2014
Scott Olson
The mother of an Indianapolis man shot at a Kroger by a store manager in what police said was an attempted robbery filed the suit in 2012.
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Ex-Lilly partner wins latest suit over Actos' cancer risk

May 23, 2014
Bloomberg News
Takeda Pharmaceutical was found not liable for the bladder cancer of two women who used its Actos diabetes medication in the company's latest trial over the drug. Actos was marketed for Takeda in the United States by Eli Lilly and Co. from July 1999 to March 2006.
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Feds probe whether HDG Mansur took millions from clientRestricted Content

May 10, 2014
Scott Olson
HDG Mansur has divulged in court documents that it’s the target of a federal criminal probe for allegedly skimming millions of dollars from a client.
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Judge says Indiana BMV wrongly pulled '0INK' plate

May 8, 2014
Associated Press
A judge has ruled that Indiana officials violated a police officer's constitutional rights by revoking his vanity license plate "0INK."
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Settlement seeks $100M fund for meningitis victims

May 7, 2014
Associated Press
A settlement filed with a federal bankruptcy judge would create a fund of more than $100 million to compensate victims of a nationwide meningitis outbreak linked to a Massachusetts pharmacy, lawyers said Tuesday. The outbreak sickened dozens in Indiana and killed at least 10.
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Council sues city over public safety lease deal

April 23, 2014
Scott Olson
The City-County Council wants to force officials to produce documents relating to the controversial lease of the public safety operations center on the east side. It was vacated in September due to safety and health code violations.
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Employee defection sparks battle between brokerages

April 17, 2014
Chris O'Malley
Hylant Group says a former worker in its Carmel offices broke a non-compete agreement and poached clients for his new insurance-brokerage gig in Indianapolis.
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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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