Legal Issues

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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Legal drama over Duke Energy merger lingers

July 30, 2012
Associated Press
The investigations into whether regulators and consumers were misled in the run-up to the merger of North Carolina's two Fortune 500 energy companies could continue quietly for months after a deadline arrives next week.
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McKesson to pay $151M to settle drug-pricing suit

July 27, 2012
Associated Press
Twenty-nine states, including Indiana, have reached a $151 million settlement in a lawsuit alleging one of the country's largest drug wholesalers inflated prices for hundreds of prescription drugs, officials said Friday.
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Environmental groups lose in bid to stop I-69

July 25, 2012
Associated Press
A federal judge has ruled against opponents of the $3 billion Interstate 69 extension between Indianapolis and Evansville who claimed the U.S. Army Corps of Engineers violated federal law.
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Mother of man shot to death at Kroger files suit

July 19, 2012
Scott Olson
Jeremi Atkinson was fatally shot in December by a Kroger manager during what prosecutors determined was an attempted robbery. A federal lawsuit filed by Toni Atkinson claims the supermarket chain was negligent for not enforcing a firearms policy.
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Indiana can't collect on IBM welfare lawsuit, judge rules

July 18, 2012
Associated Press
Indiana cannot collect millions of dollars it claims IBM owed after its efforts to overhaul the state's welfare system failed, and the computer giant is entitled to payment for equipment the state kept, a judge said in a Wednesday ruling that condemned both sides.
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Hotel worker 'blacklisting' ban approved by council

July 17, 2012
 IBJ Staff
Indianapolis hotels could no longer ban contract workers from direct employment under an ordinance passed Monday night by the City-County Council.
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Browning ordered to testify over Duke Energy CEO's ouster

July 17, 2012
Chris O'Malley
Indianapolis real estate developer and Duke Energy Corp. director Michael Browning has been ordered to appear Friday before the North Carolina Utilities Commission, which is investigating the unexpected ouster of the utility’s new CEO just hours after the company merged with Progress Energy Inc.
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Bar owners challenging smoking ban seek injunction

July 17, 2012
The 10 Indianapolis business owners want a federal judge to prevent the city of Indianapolis from enforcing new public smoking restrictions until a ruling is made on their lawsuit. Their original complaint claims the ordinance violates parts of the U.S. Constitution.
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BrightPoint shareholder sues company over pending sale

July 16, 2012
Scott Olson
A BrightPoint Inc. stockholder has filed suit against the company, charging that the $9 share price offered in its $840 million sale to California-based Ingram Micro Inc. is too low.
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  1. How much you wanna bet, that 70% of the jobs created there (after construction) are minimum wage? And Harvey is correct, the vast majority of residents in this project will drive to their jobs, and to think otherwise, is like Harvey says, a pipe dream. Someone working at a restaurant or retail store will not be able to afford living there. What ever happened to people who wanted to build buildings, paying for it themselves? Not a fan of these tax deals.

  2. Uh, no GeorgeP. The project is supposed to bring on 1,000 jobs and those people along with the people that will be living in the new residential will be driving to their jobs. The walkable stuff is a pipe dream. Besides, walkable is defined as having all daily necessities within 1/2 mile. That's not the case here. Never will be.

  3. Brad is on to something there. The merger of the Formula E and IndyCar Series would give IndyCar access to International markets and Formula E access the Indianapolis 500, not to mention some other events in the USA. Maybe after 2016 but before the new Dallara is rolled out for 2018. This give IndyCar two more seasons to run the DW12 and Formula E to get charged up, pun intended. Then shock the racing world, pun intended, but making the 101st Indianapolis 500 a stellar, groundbreaking event: The first all-electric Indy 500, and use that platform to promote the future of the sport.

  4. No, HarveyF, the exact opposite. Greater density and closeness to retail and everyday necessities reduces traffic. When one has to drive miles for necessities, all those cars are on the roads for many miles. When reasonable density is built, low rise in this case, in the middle of a thriving retail area, one has to drive far less, actually reducing the number of cars on the road.

  5. The Indy Star announced today the appointment of a new Beverage Reporter! So instead of insightful reports on Indy pro sports and Indiana college teams, you now get to read stories about the 432nd new brewery open or some obscure Hoosier winery winning a county fair blue ribbon. Yep, that's the coverage we Star readers crave. Not.

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