Legal Issues

Sugarland wants to delay stage testimony until May

March 21, 2012
Associated Press
The country duo Sugarland want to wait until May to give depositions in lawsuits over a stage collapse at the Indiana State Fair because they're preparing to tour, their attorney argued in court motions filed Wednesday.
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Downtown condo residents sue developer over damage

March 19, 2012
Scott Olson
The homeowners association for the 70-unit Hudson wants the building's developer, Kosene & Kosene, to pay to repair damage it alleges was caused by faulty construction.
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Supreme Court rejects Democrats' election-chief challenge

March 15, 2012
Associated Press
The Indiana Supreme Court ruled unanimously Thursday that ousted Secretary of State Charlie White had been eligible to run for office in 2010, rejecting a Democratic challenge and clearing the way for Republican Gov. Mitch Daniels to appoint a replacement.
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Zionsville real estate schemer sentenced to 30 months

March 14, 2012
Kathleen McLaughlin
A Zionsville man who pushed real-estate investing schemes has been sentenced to 30 months in prison after pleading guilty to wire fraud and money laundering.
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Mike's Carwash ownership trial gets under way

March 12, 2012
Scott Olson
The private company and principals Bill and Mike Dahm are defendants in the lawsuit brought by Jerry Dahm, a cousin who once owned 35 percent of the company and claims he was forced to sell his shares at a discounted rate.
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Little Nashville Opry manager charged with arson

March 6, 2012
Associated Press
The manager of a concert hall that hosted some of country music's top acts was arrested on an arson charge Tuesday in connection with the September 2009 blaze that destroyed the hall, authorities said.
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Fair bankruptcy trustee alleges complicity by silenceRestricted Content

March 3, 2012
Greg Andrews
Lawyers overseeing Fair Finance's liquidation charge that, every step of the way, businesspeople who crossed Tim Durham’s path and witnessed questionable behavior looked the other way—because it was highly profitable for them to do so.
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Star settles age-discrimination suit with ex-columnist

March 2, 2012
J.K. Wall
Former columnist Susan Guyett, 63, sued the Star and its owner, Virginia-based Gannett Co., in April 2010, alleging that her age led to her dismissal in December 2008.
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Bill for alcohol amnesty law goes to governor

March 2, 2012
Associated Press
Legislators have approved changing Indiana law to shield people from arrest on alcohol charges if they seek out medical help for someone who is intoxicated.
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Appellate judges rule against Simon in defamation case

February 29, 2012
Jennifer Nelson / The Indiana Lawyer
A defamation lawsuit filed by Indiana Pacers owner Herb Simon and his wife against a California attorney looks as though it will be thrown out after an appeal.
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State Supreme Court hears arguments in White case

February 29, 2012
Associated Press
Indiana Supreme Court justices peppered attorneys with questions Wednesday during arguments to determine whether ousted Secretary of State Charlie White was ever a legal candidate for the office, and who gets to appoint his successor.
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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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  1. Cramer agrees...says don't buy it and sell it if you own it! Their "pay to play" cost is this issue. As long as they charge customers, they never will attain the critical mass needed to be a successful on company...Jim Cramer quote.

  2. My responses to some of the comments would include the following: 1. Our offer which included the forgiveness of debt (this is an immediate forgiveness and is not "spread over many years")represents debt that due to a reduction of interest rates in the economy arguably represents consideration together with the cash component of our offer that exceeds the $2.1 million apparently offered by another party. 2. The previous $2.1 million cash offer that was turned down by the CRC would have netted the CRC substantially less than $2.1 million. As a result even in hindsight the CRC was wise in turning down that offer. 3. With regard to "concerned Carmelite's" discussion of the previous financing Pedcor gave up $16.5 million in City debt in addition to the conveyance of the garage (appraised at $13 million)in exchange for the $22.5 million cash and debt obligations. The local media never discussed the $16.5 million in debt that we gave up which would show that we gave $29.5 million in value for the $23.5 million. 4.Pedcor would have been much happier if Brian was still operating his Deli and only made this offer as we believe that we can redevelop the building into something that will be better for the City and City Center where both Pedcor the citizens of Carmel have a large investment. Bruce Cordingley, President, Pedcor

  3. I've been looking for news on Corner Bakery, too, but there doesn't seem to be any info out there. I prefer them over Panera and Paradise so can't wait to see where they'll be!

  4. WGN actually is two channels: 1. WGN Chicago, seen only in Chicago (and parts of Canada) - this station is one of the flagship CW affiliates. 2. WGN America - a nationwide cable channel that doesn't carry any CW programming, and doesn't have local affiliates. (In addition, as WGN is owned by Tribune, just like WTTV, WTTK, and WXIN, I can't imagine they would do anything to help WISH.) In Indianapolis, CW programming is already seen on WTTV 4 and WTTK 29, and when CBS takes over those stations' main channels, the CW will move to a sub channel, such as 4.2 or 4.3 and 29.2 or 29.3. TBS is only a cable channel these days and does not affiliate with local stations. WISH could move the MyNetwork affiliation from WNDY 23 to WISH 8, but I am beginning to think they may prefer to put together their own lineup of syndicated programming instead. While much of it would be "reruns" from broadcast or cable, that's pretty much what the MyNetwork does these days anyway. So since WISH has the choice, they may want to customize their lineup by choosing programs that they feel will garner better ratings in this market.

  5. The Pedcor debt is from the CRC paying ~$23M for the Pedcor's parking garage at City Center that is apprased at $13M. Why did we pay over the top money for a private businesses parking? What did we get out of it? Pedcor got free parking for their apartment and business tenants. Pedcor now gets another building for free that taxpayers have ~$3M tied up in. This is NOT a win win for taxpayers. It is just a win for Pedcor who contributes heavily to the Friends of Jim Brainard. The campaign reports are on the Hamilton County website. http://www2.hamiltoncounty.in.gov/publicdocs/Campaign%20Finance%20Images/defaultfiles.asp?ARG1=Campaign Finance Images&ARG2=/Brainard, Jim

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