Lawsuits

Steak n Shake pays settlement to former ad agency

April 8, 2013
Jeff Newman
Steak n Shake, which last year lost a breach-of-contract lawsuit brought by its former advertising agency, has settled the case rather than let the court decide damages.
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Former university chancellor alleges gender bias

April 2, 2013
Associated Press
The former chancellor of Indiana-Purdue Fort Wayne says in a federal lawsuit that the trustees of Purdue University forced him into retirement because former President France Cordova wished to hire more female administrators.
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Lilly warehouse thieves had security report, lawsuit says

April 2, 2013
Associated Press
A federal lawsuit contends that thieves who broke into an Eli Lilly and Co. warehouse in Connecticut three years ago and stole more than $60 million worth of drugs obtained a copy of a report that revealed weaknesses in the building's security system.
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Indiana Supreme Court upholds school voucher program

March 26, 2013
Associated Press
In a 5-0 vote, the justices rejected claims that the law primarily benefited religious institutions that run private schools. The decision paves the way for a possible expansion of the program.
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HHGregg manager sues over company's denial of bonuses

March 23, 2013
Scott Olson
Dwain Underwood charges the retailer should have included in its bonus calculations a $40 million life insurance payout it collected after executive chairman Jerry Throgmartin died last year.
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WTHR chief hit with discrimination lawsuit

March 23, 2013
Chris O'Malley
The former executive assistant to WTHR-TV Channel 13 President John Cardenas has filed an age- and sexual-discrimination lawsuit against the station and parent Dispatch Broadcasting Group.
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ITT fights to stem tumbling enrollmentRestricted Content

March 16, 2013
J.K. Wall
A federal investigation and a shareholder lawsuit are the latest headwinds to threaten ITT Educational Services Inc., which is trying to reverse a precipitous decline in enrollment.
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Gerdt Furniture owners embroiled in $4M court fight

March 14, 2013
Scott Olson
A family dispute involving the owners of Gerdt Furniture & Interiors Inc. has led to a lawsuit accusing them of owing nearly $4 million in unpaid rent and loans.
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Church's refusal to install headstone sparks lawsuit

March 10, 2013
Associated Press
An Indiana woman who wanted to honor her late husband with a headstone that captured his interests in sports and the outdoors is suing the Roman Catholic Archdiocese of Indianapolis Properties Inc. for refusing to install it.
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Lawsuit over Simon's bonus may expose board's mindset

March 9, 2013
Greg Andrews
The $120 million retention bonus that Simon Property Group Inc.’s board awarded David Simon two years ago has spawned a bitter legal battle in Delaware that promises to shed fascinating light on the inner workings of the board.
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Lawsuit claims BMV overcharged Indiana residents by millions

March 7, 2013
Associated Press
A newly-filed lawsuit seeking class-action status accuses Indiana's Bureau of Motor Vehicles of "systematically" overcharging state residents by tens of millions of dollars for driver's licenses.
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Lampoon: Durham used $1M from company to pay attorney

March 4, 2013
J.K. Wall
Film company once headed by Indianapolis financier Tim Durham says he transferred $1 million to his Indianapolis lawyer, John Tompkins, while fighting federal securities fraud charges.
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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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NCAA sues Pennsylvania over $60M Sandusky abuse fine

February 21, 2013
Bloomberg News
The governing body for college sports says that the state is violating the U.S. Constitution by passing a law that confiscates the $60 million sanction imposed against Penn State in the Jerry Sandusky child-abuse case.
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Decision could come soon on Don Marsh severance claim

February 18, 2013
Scott Olson
The issue will be decided by Judge Sarah Evans Barker, who presided over a two-week civil trial that saw a federal jury return a $2.2 million judgment against the former CEO of Marsh Supermarkets Inc. late Friday night.
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Jury returns $2.2M judgment against Don Marsh

February 16, 2013
 IBJ Staff
A federal jury returned a $2.2 million judgment against iconic Marsh Supermarkets CEO Don Marsh late Friday, finding that he tapped corporate coffers for personal expenses.
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Marsh Supermarkets asking former CEO to pay $5.6M

February 15, 2013
Scott Olson, Cory Schouten
A company lawyer itemized the expenses Marsh Supermarkets believes it is owed during closing arguments Friday. A lawyer for Don Marsh argued that he neither committed fraud nor breached his contract.
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Jury finds Bateman co-defendant not guilty in $1.7M fraud

February 15, 2013
Cory Schouten
Manuel Gonzalez has been acquitted of three counts of wire fraud and three counts of money laundering in connection with a scheme that targeted an Indianapolis physician. Former City-County Councilor Paul Bateman pleaded guilty last month to participating in the scheme.
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Jury to begin deliberating in Don Marsh trial

February 15, 2013
Scott Olson
The panel of nine will begin closed-door discussions Friday afternoon following closing arguments from attorneys representing Marsh Supermarkets Inc. and the former CEO of the company accused of spending $3.3 million of company funds on personal expenses.
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Witnesses: Don Marsh’s expenses never questioned

February 14, 2013
Scott Olson

Lawyers for the former CEO of Marsh Supermarkets on Thursday hammered home their claims his expenses were widely accepted in the company as normal business costs, while witness testimony revealed a corporate culture that passed the buck on evaluating those costs.

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Marsh Supermarkets rests case against former CEO

February 13, 2013
Scott Olson
Lawyers for Don Marsh got their first chance to go on the offensive Wednesday after Marsh Supermarkets Inc. rested its case against the company's former CEO.
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Sun Capital execs 'shocked' by Marsh financials

February 12, 2013
Scott Olson
Any feelings of satisfaction that Sun Capital Partners executives had after completing the acquisition of Marsh Supermarkets Inc. quickly turned to "shock and surprise," a managing director of the private-equity firm told jurors Tuesday.
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Marsh pilot says he flew former CEO to see mistresses

February 11, 2013
Scott Olson
At least twice a month during the year 2000, the pilot told jurors, he ferried Don Marsh to New York City to visit one of his mistresses. Marsh Supermarkets is suing its former CEO in an attempt to recoup more than $3 million in what it claims are personal expenses.
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Fraud victim files civil suit against ex-councilor

February 11, 2013
Cory Schouten
An Indianapolis physician who lost $1.7 million in a fraud scheme orchestrated in part by former Democratic City-County Councilor Paul C. Bateman Jr. has sued Bateman and two associates in Marion Circuit Court. The civil lawsuit comes as a criminal trial stemming from the case begins in U.S. District Court for the Southern District of Indiana.
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Former Marsh CFO sought out bankruptcy lawyers

February 8, 2013
Scott Olson
The former executive of Marsh Supermarkets Inc. said he became so concerned about the company's deteriorating finances less than a decade ago that he took the desperate step of meeting with bankruptcy lawyers.
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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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