Lawsuits

Another suit filed in Emmis, financier dispute

March 28, 2011
Emmis Communications Corp. is accusing Alden Global Capital, which once backed Emmis CEO Jeff Smulyan's attempt to take the company private, of violating the "short-swing rule." This is the third suit involving the parties since Smulyan called off the move last year.
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Brightpoint settles lawsuit with vendor

March 25, 2011
Scott Olson
The distributor of wireless phones agreed to drop its complaint, which accused a Massachusetts software provider of fraud and negligence in addition to breaching its agreement and warranty.
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Formstack stuck in suit by Oklahoma tech firm

March 23, 2011
Chris O'Malley
Online form builder says a lawsuit from Tulsa-based MacroSolve Inc. against it and three other tech firms is without merit.
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EEOC: Local bar fired worker over pregnancy

March 21, 2011
The federal agency is suing the owner of the Wild Beaver Saloon in Broad Ripple for allegedly firing an employee because of her pregnancy, which violates the Civil Rights Act of 1964.
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Product delays thwart $40M Roche purchase

March 12, 2011
J.K. Wall
Delays getting new diabetes meters into the U.S. market appear to have tripped up Roche Diagnostics Corp. on its way to acquiring a key software vendor.
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Purdue case highlights costs of defending intellectual propertyRestricted Content

March 12, 2011
J.K. Wall
A complicated legal case about trade secrets points up a down side to the success Indiana’s research universities have had turning their research into revenue: Large legal bills can eat much of the money.
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Antitrust lawsuit threatens 'essence' of NCAARestricted Content

March 12, 2011
Anthony Schoettle
A former Rice University football player argues that one-year limits on athletic scholarships is a “blatant price-fixing agreement” between the NCAA and its member schools.
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Local business accused of selling illegal immigration services

March 9, 2011
The Indiana Attorney General's Office filed suit Wednesday against The Mexican Civic Association of Indiana Inc. for allegedly offering immigration advice without a license to practice law.
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Virginia not-for-profit suing Duke Realty for $30M

March 9, 2011
Military think tank CNA claims Duke Realty breached its obligations as landlord by selling land in Alexandria to the Department of Defense, which plans to build a bomb-inspection facility on the site.
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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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Local lawyer's connection to the greats runs deep

February 26, 2011
Scott Olson
What do Johnny Unitas, Vince Lombardi and Babe Ruth have in common? Indianapolis intellectual property attorney Jonathan Faber.
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ChaCha sues Taiwanese company for trademark infringement

February 25, 2011
 IBJ Staff and Bloomberg News
Carmel-based ChaCha Search Inc., operator of an online question-and-answer site, sued Taiwanese company HTC Corp. for trademark infringement over the planned introduction of a smartphone called the ChaCha.
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Broadband provider's legal fight escalates

February 24, 2011
Scott Olson
Indiana-based Omnicity Corp. has filed countersuits against the owners of two companies it acquired who are charging in court that Omnicity failed to fully pay them for the acquisitions.
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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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Ex-manager files $600M suit against Indiana Live owners, others

February 21, 2011
Scott Olson
Maryland-based Cordish Cos. says the casino owners withheld $8.4 million in payments and conspired with other groups trying to sabotage its plans for a Maryland gambling facility.
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Financier in botched deal sues Emmis over loan to Smulyan

February 18, 2011
J.K. Wall
In uncommonly sharp language, attorneys for New York-based Alden Global Capital accused Emmis' board of “a blatantly self-dealing transaction” that allows Smulyan to “pursue a personal litigation vendetta” against Alden.
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Elevator company wants indemnity from IRT

February 17, 2011
Kathleen McLaughlin
An Illinois elevator company wants a judge to force the Indiana Repertory Theatre to protect it from liability in a lawsuit brought by a catering worker who fell down the elevator shaft at the downtown theater in 2007.
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Appeals court agrees to hear challenge in Simon case

February 16, 2011
Cory Schouten
The Indiana Court of Appeals has agreed to hear an appeal from the widow of the late Melvin Simon, putting on hold a legal dispute over the mall magnate's more than $2 billion estate.
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Fair trustee: Durham committed fraud of 'shocking proportions'

February 15, 2011
Greg Andrews
Fair Finance Co.’s bankruptcy trustee alleges Tim Durham perpetrated a fraud of  "shocking proportions,” draining huge sums from the Akron, Ohio, firm for years to mask that his business empire had collapsed.
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Fundex settles trademark suit with game inventor

February 12, 2011
 IBJ Staff
Fundex Games Ltd. has given up its rights to the game Chronology to settle a suit brought last March by local inventor Jane Ruemmele.
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Groups file suit to stop I-69 work downstate

February 10, 2011
 IBJ Staff, Chris O'Malley
Environmental and citizens groups seek to stop construction of the 142-mile link between Evansville and Indianapolis, saying it will destroy valuable natural resources.
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Settlement struck in HHGregg dryer lawsuit

February 2, 2011
Scott Olson
The deal, which could become final next month, stems from a lawsuit brought by a group of consumers accusing the Indianapolis-based appliance retailer of improperly installing dryer vents.
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Candy Dynamics expands Nuclear Sludge recall

January 31, 2011
 IBJ Staff
Carmel-based Candy Dynamics has expanded a voluntary recall of its Toxic Waste brand Nuclear Sludge products because they may contain too much lead.
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Florida marketing firm suing IRL over Izod contract

January 31, 2011
Scott Olson
Florida-based CV Sports Marketing Inc. alleges in a lawsuit that the IRL and Indianapolis Motor Speedway could owe millions of dollars in fees relating to its role in landing Izod as a title sponsor.
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Mini Thin marketer slapped with suitRestricted Content

January 29, 2011
Kathleen McLaughlin
A Carmel man whose Mini Thin dietary supplement was sold through convenience stores nationwide before the government banned its active ingredient now faces allegations of bankruptcy fraud.
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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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