Legal Issues

Local financial planner sentenced for identity theft

September 11, 2012
 IBJ Staff
A former financial planner at the Indianapolis offices of Northwestern Mutual and One America-American United Life was sentenced Tuesday to two years in federal prison and three years of probation after pleading guilty to identity theft.
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Game maker Fundex files for bankruptcy reorganization

September 11, 2012
Scott Olson
The once high-flying Fundex is seeking to reorganize under the protection of bankruptcy as the lawsuits against the Plainfield-based company continue to pile up. Fundex lists assets of nearly $1.5 million and liabilities of $8.9 million.
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'80s anti-takeover law helped sow Emmis winRestricted Content

September 8, 2012
Greg Andrews
The Indiana Business Corporation Law—enacted to help Hoosier companies fight off a wave of attacks by corporate raiders—gives boards of directors unusually broad authority to exercise judgment as they see fit.
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BrightPoint reaches settlement in shareholder suits

September 7, 2012
Scott Olson
Lawsuits filed by BrightPoint Inc. shareholders who are challenging the company's proposed sale to a California firm are set to be dismissed after the sides reached a settlement.
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Case from 1970 revisited in dispute over NBA TV revenue

September 6, 2012
Associated Press
The NBA asked a Manhattan judge on Thursday to side with the league in a legal dispute that stems from a sweetheart deal enjoyed by the former owners of a defunct American Basketball Association team — and despised by current owners of four NBA franchises, including the Indiana Pacers.
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State high court to hear Simon defamation suit

September 6, 2012
Scott Olson
The Indiana Supreme Court has agreed to hear oral arguments Oct. 24 in the case involving a California lawyer that stems from a separate suit filed by a former nanny of Herb and Bui Simon.
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Fishers company loses Marilyn Monroe court appeal

August 31, 2012
CMG Worldwide, an intellectual property licensing firm in Fishers, has lost a federal court appeal related to ownership of iconic images of Marilyn Monroe.
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Fortune Industries shareholder drops suit against company

August 27, 2012
Scott Olson
Mark Haagen had sought class-action status on behalf of certain shareholders, charging that the price offered in a proposed sale for each share in the company is too low. Haagen voluntarily dismissed the suit.
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Faction turns on trustee in Eastern Livestock bankruptcyRestricted Content

August 25, 2012
Greg Andrews
Things have suddenly taken an ugly turn for veteran Indianapolis attorney Jim Knauer and his legal advisers at Faegre Baker Daniels, who are under attack by parties that want them bounced from the massive bankruptcy case for Eastern Livestock Inc.
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Steak n Shake loses appeal over franchisee’s pricing

August 24, 2012
Indiana Lawyer Staff
A longtime Steak n Shake franchisee who sued the chain after it insisted on setting prices for menu items prevailed again Friday as the 7th Circuit Court of Appeals affirmed an Illinois federal court’s ruling in the franchisee’s favor.
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Ex-Countrymark CEO denied early prison release

August 23, 2012
Scott Olson
David Swanson had argued that his lawyers were derelict in not seeking a mistrial stemming from his 2002 conviction on wire fraud, money laundering and tax evasion charges. A federal appeals court on Wednesday affirmed his 12-year sentence.
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Former Eiteljorg director suing museum for overtime pay

August 23, 2012
Scott Olson
Former merchandising director Judy McElfresh claims the museum failed to pay her for working more than 1,000 hours of overtime. Her suit seeks at least $75,000 in damages.
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Former Durham exec ordered to pay $30,000

August 22, 2012
Scott Olson
Former Obsidian Enterprises Inc. President Terry Whitesell will pay the amount as part of a settlement agreement. A bankruptcy trustee representing investors of Fair Finance Co., owned by convicted financier Tim Durham, had sought more than $225,000 from Whitesell.
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Don Marsh fighting to keep jury from learning he took FifthRestricted Content

August 18, 2012
Greg Andrews
Attorneys for Don Marsh are trying to ensure that his refusal to answer questions during a 2010 deposition doesn’t come back to haunt him when Marsh Supermarkets' lawsuit against him goes to trial in October.
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AT&T technicians file lawsuit over lunch policy

August 17, 2012
Chris O'Malley
Eleven AT&T technicians have filed a federal lawsuit seeking class-action status to collect unpaid wages and overtime, alleging the company compels them to work during unpaid lunch breaks. The suit seeks to represent 1,300 AT&T technicians in Indiana.
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Stage company rejects Indiana State Fair settlement deal

August 15, 2012
Associated Press
The owner of the stage that collapsed at Indiana's State Fair last year and killed seven people rejected a settlement plan Wednesday that would have protected the state from further legal action and paid victims an additional $7.2 million.
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Fair victim settlement shields Indiana from company

August 7, 2012
Associated Press
Indiana lawmakers presented their decision to offer an additional $6 million to victims of a deadly stage collapse at last year's state fair as a way to help those who weren't adequately compensated by its first settlement. But buried in the legislation was a clause protecting the state from having to pay even more.
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Couple works to bring good from wedding day crash

August 6, 2012
Associated Press
Tom and Lauren Hanley's wedding day turned tragic two years ago when a traffic accident killed a groomsman and injured others in their bridal party. The Indianapolis couple is now using some of their settlement in a lawsuit from the crash to support a mutual passion.
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Most Indiana fair stage-collapse victims accept settlement

August 2, 2012
Associated Press
Most victims of a deadly stage collapse at the Indiana State Fair have agreed to accept shares of a $13.2 million settlement offer from the state and two private companies, the state attorney general's office said Thursday.
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Deadline arrives for Indiana fair disaster claims

August 1, 2012
Associated Press
Victims of the deadly stage collapse at the Indiana State Fair faced a Wednesday deadline to make claims against a $13.2 million settlement offer from the state and two private companies, but it could be weeks before they learn their share of the money and even whether the deal will go forward.
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Indiana backs off defense of new immigration law

July 31, 2012
Associated Press
The state attorney general's office said Tuesday that it no longer will defend most of the disputed portions of Indiana's new immigration law, as they were rendered invalid when the U.S. Supreme Court struck down similar parts of an Arizona law in June.
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Emmis shareholders fight bylaw changes on dividends

July 31, 2012
 IBJ Staff and Bloomberg News
Investors asked U.S. District Judge Sarah Evans Barker in Indianapolis for an order blocking a special meeting at which Emmis shareholders will be asked to approve bylaw changes wiping out more than $34 million in accrued and unpaid preferred stock dividends.
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Judge won't dismiss charge against ex-utility boss

July 31, 2012
Associated Press
A judge has refused to dismiss an official misconduct charge against Indiana's former top utility regulator, David Lott Hardy.
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Local attorney facing fraud charges released from jail

July 31, 2012
Scott Olson
Lawyer William F. Conour had been held in a Decatur County Jail since July 25 on a contempt of court charge until a judge on Monday ordered his release. Conour is accused of defrauding clients of $2.5 million.
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Fashion Mall landlord suing tenant over unpaid rent

July 30, 2012
Scott Olson
A division of Simon Property Group Inc. is suing Brisbane, Calif.-based Bebe Stores Inc., claiming the women's clothing retailer owes it $64,000 in unpaid rent.
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