Legal Issues

Speedway's plan for roundabout hits snag over billboard

February 27, 2012
Scott Olson
The Speedway Redevelopment Commission is threatening eminent domain against Clear Channel Outdoor Inc. because the billboard company won't relinquish its lease rights at a key intersection.
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Couple accused of tax fraud turning the tables on stateRestricted Content

February 25, 2012
Greg Andrews
Real estate investor Chris Marten and his wife, Janice—a longtime Carmel jeweler—charge in a new federal lawsuit that investigators trampled on their constitutional rights during the inquiry, which resulted in 28 criminal charges.
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Fair Finance trustee sues former owner for $150M

February 24, 2012
Greg Andrews
The lawsuit charges Donald Fair knew Tim Durham was looting the business but kept quiet to collect millions of dollars in payments scheduled to be made from 2002 to 2007.
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Appeals court rules on anonymous online comment case

February 21, 2012
Jennifer Nelson / The Indiana Lawyer
The Indiana Court of Appeals on Tuesday ordered a Marion County judge to reconsider whether The Indianapolis Star must identify an online user who posted an anonymous comment that now is part of a defamation lawsuit.
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Wiretaps suggest Durham tried to sugarcoat Fair's woesRestricted Content

February 18, 2012
Greg Andrews
Transcripts of phone conversations capture Fair Finance CEO Tim Durham discussing ways to recast company financials to mitigate Ohio securities regulators’ concerns about massive insider loans.
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Former worker files federal suit against ASI

February 17, 2012
Scott Olson
An ex-employee of manufacturer ASI Limited in Whitestown is suing the company for allegedly failing to give workers a required 60-day notice that the plant was closing. The lawsuit seeks class-action status on behalf of roughly 200 terminated workers.
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More Fair suits target Durham family members

February 14, 2012
Scott Olson
Those named in the latest lawsuits include Tim Durham's ex-wife, Joan SerVaas; B.J. Durham, SerVaas' biological son who was adopted by Durham; and the financier's sister, Courtney Durham.
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Right-to-work boycott fines put on hold by Indiana high court

February 8, 2012
Associated Press
The state Supreme Court placed on hold Wednesday all legislative fines against Democrats who boycotted the Indiana House during the right-to-work battle until it rules on whether it's legal for those fines to be deducted from their paychecks.
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Company: Sugarland resisted delaying state fair concert

February 8, 2012
Associated Press
Sugarland resisted delaying the start of a concert at the state fair despite threatening weather that caused a deadly stage collapse, the fair's top official testified against the company that built the stage rigging.
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Lawsuit filed over denial of senior's home care

February 8, 2012
 IBJ Staff and Associated Press
A Carmel-based health insurer once owned by Conseco Inc. is being sued for refusing to pay claims for in-home care submitted by California senior citizens.
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Trustee seeks $1B from Fair Finance's lenders

February 8, 2012
Greg Andrews
Fair Finance Co.’s bankruptcy trustee finally has found some deep pockets to go after in his quest to recover money for the small-time Ohio investors who lost more than $200 million when the Tim Durham-led company failed two years ago.
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Indiana high court takes over secretary of state dispute

February 7, 2012
Associated Press
The Indiana Supreme Court on Tuesday decided to take over the legal battle in which Democrats are trying to have convicted Republican Secretary of State Charlie White replaced by their 2010 candidate for that office.
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Latest Fair suits target Kato Kaelin, playmate, many others

February 7, 2012
Scott Olson
A former Playboy playmate, a well-known rapper and local businessmen are among the defendants in a barrage of lawsuits filed by a bankruptcy trustee trying to collect funds for investors of Fair Finance Co., the defunct Ohio firm led by Tim Durham.
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Marion County judge blocks right-to-work fines

February 6, 2012
Associated Press
A Marion County judge ordered Indiana House Republicans to return fines levied against House Democrats in the right-to-work battle last year and blocked $1,000-a-day fines levied this year.
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Mini Thin maker agrees to $1M bankruptcy settlementRestricted Content

February 4, 2012
Kathleen McLaughlin
Carmel resident Richard Deer, who built a business around Mini Thin dietary supplements, has agreed to pay $1 million in his company’s bankruptcy case.
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Closing arguments under way in White trial

February 3, 2012
Associated Press
Indiana Secretary of State Charlie White's defense lawyer rested Thursday without presenting a case against voter fraud charges that could oust White from office. Clsoing arguments got under way Friday.
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NFL prepares for counterfeiters of Super Bowl merchandise

February 1, 2012
Scott Olson
The National Football League, along with the New England Patriots and New York Giants, have received court permission to seize items that aren't officially licensed by the NFL.
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Trial of Indiana secretary of state gets under way

January 31, 2012
Associated Press
Indiana's secretary of state began facing voter-fraud charges Tuesday in a case that could decide if he remains as the state's top election official.
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Circle Centre again suing Bella Vita over unpaid rent

January 30, 2012
Scott Olson
Landlord Circle Centre Mall LLC is suing the restaurant over $77,275.24 in unpaid rent, according to court documents. Circle Centre also sued Bella Vita in June 2010 over $96,523.23 in overdue rent.
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ACLU says creationism bill faces constitutional problems

January 27, 2012
Associated Press
The American Civil Liberties Union of Indiana's top lawyer said Thursday that a Indiana Senate bill that would allow schools to teach creationism in science classes clearly violates the U.S. Constitution and invites legal challenges.
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Local fraternity files suit against former auditor

January 25, 2012
Scott Olson
The foundation of Alpha Tau Omega accuses Indianapolis-based K.B. Parrish & Co. LLP of malpractice and breach of contract stemming from $400,000 in missing funds allegedly taken by a former employee.
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Builder's bookkeeper gets 18-month sentence for theft

January 25, 2012
 IBJ Staff and Associated Press
Kim Hutchison, 52, the former treasurer of Greenwood-based J. Greg Allen Builders and Princeton Homes, has been sentenced to 18 months in prison for allegedly stealing more than $446,000 from the now-closed companies.
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Governor's Fair Finance settlement yields just $3,000

January 24, 2012
Greg Andrews
Court papers show the Mitch for Governor Campaign Committee isn't paying more in a settlement with Fair Finance Co.’s bankruptcy trustee because it has just $3,500 left.
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Professor sues IU medical school for gender discrimination

January 24, 2012
J.K. Wall
A physiology professor at the Indiana University School of Medicine filed a scathing gender-discrimination lawsuit this month, accusing the school of paying her significantly less than male counterparts with less experience.
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Indiana Senate backs bill on right to resist police

January 23, 2012
Associated Press
The Indiana Senate on Monday approved by a wide margin a proposal that gives residents limited rights to resist police officers trying to enter their homes.
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