Legal Issues

Judge tosses wrongful-firing suit against Pacers owner

September 14, 2011
Associated Press
A lawsuit by a nanny and a chauffeur against Indiana Pacers owner Herb Simon and his wife has ended with a judge's written ruling confirming that the employees failed to prove their claims of mistreatment.
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State fair's plan short on evacuation details

September 14, 2011
Associated Press
An emergency response plan drafted 10 months before the Indiana State Fair's deadly stage collapse details how staff should handle evacuations, but it doesn't spell out the precise scenarios that would trigger an evacuation, newly released documents indicate.
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Judge approves legal fees in Fair Finance case

September 13, 2011
The amount paid to lawyers so far nearly accounts for the entire $1.8 million that a Fair Finance trustee has recovered so far for investors of the Akron, Ohio-based company led by indicted financier Tim Durham.
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Sugarland named in notice of stage-collapse suit

September 13, 2011
Associated Press
The band that was preparing to perform at the Indiana State Fair before a fatal stage collapse has been named as a defendant in a potential lawsuit in a notice sent to the state attorney general.
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Fair trustee settles with local political groups

September 13, 2011
Scott Olson
The settlements involve donations made by Tim Durham totaling $60,000 to the Marion County Republican Central Committee, Greater Indianapolis Republican Finance Committee and the Committee to Elect Lawrence Mayor Paul Ricketts.
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Authors Guild sues universities over online books

September 12, 2011
Associated Press
Authors and authors' groups sued the University of Michigan, Indiana University and three other universities Monday, seeking to stop the creation of online libraries made up of as many as 7 million copyright-protected books they say were scanned without authorization.
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Senate passes overhaul of patent system

September 10, 2011
Bloomberg News
The legislation would fundamentally alter the way patents are reviewed and mark the biggest change to U.S. patent law since at least 1952.
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Judge denies ex-Countrymark CEO’s release from prison

September 9, 2011
David Swanson had requested to be let out of prison until an appeals court hears his case for early release later this month. He's serving a 12-year sentence for wire fraud, money laundering and tax evasion.
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Video shows former councilor taking money from FBI agent

September 8, 2011
 IBJ Staff and Associated Press
Prosecutors showed video in court of a former Indianapolis City-County Council member taking what they say was a $5,000 bribe from an undercover FBI agent seeking help opening a strip club in the city.
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State lawyer calls IBM bid to depose Daniels 'meritless'

September 7, 2011
Associated Press
If Indiana Gov. Mitch Daniels can promote his book and lead a motorcycle tour, he isn't too busy to testify about his decision to cancel a contract with IBM Corp. to automate welfare applications, the technology giant contends in a court filing.
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State Fair victims could receive funds in next few weeks

September 7, 2011
Scott Olson
A State Fair Remembrance Fund now containing more than $800,000 likely will be distributed before the state pays out a maximum $5 million in damages allowed by law, officials said Wednesday afternoon.
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Former real estate exec to plead guilty to wire fraud

September 6, 2011
Scott Olson
Kim Hutchinson, former treasurer of J. Greg Allen Builders and Princeton Homes, agreed to plead guilty to stealing $446,419. Her cooperation likely will result in a lighter sentence of 30 to 40 months.
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State preparing to pay maximum in stage collapse damages

August 31, 2011
Scott Olson
Attorney General Greg Zoeller said Indiana will pay $5 million and get advice on distributing the money to victims of the State Fair tragedy from an expert who administered compensation funds following 9/11.
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Former City-County Councilor’s trial set to begin

August 31, 2011
Scott Olson
Lincoln Plowman, also a former Indianapolis Metropolitan Police Department major, is accused of using his official position to collect $6,000 for helping to grease the wheels for a new strip club.
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Indiana Supreme Court to hear state back-pay dispute

August 31, 2011
Associated Press
The class-action lawsuit argued that some state employees were required to work 40 hours a week while others were paid the same for working 37.5 hours.
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Ex-Countrymark CEO again seeking early release

August 30, 2011
Scott Olson
David Swanson, who is serving a 12-year sentence for wire fraud, money laundering and tax evasion, has succeeded in getting a federal appeals court to hear his case for early release.
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Another lawsuit filed in Indiana fair stage collapse

August 29, 2011
Associated Press
The family of a Fort Wayne woman killed when a stage collapsed at the Indiana State Fair filed a lawsuit Monday alleging gross negligence and recklessness by the promoters and producers of the concert.
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Plea deal in fraud case provides restitution to Clabber GirlRestricted Content

August 27, 2011
Greg Andrews
A high-living Manhattan businesswoman accused of an audacious fraud that cost some of central Indiana’s marquee companies millions of dollars has cut a deal with prosecutors that would ensure she spends no more than 31 months in prison.
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Zionsville man charged with wire fraud, money laundering

August 26, 2011
Brian Eads faces a maximum of 30 years in prison by engaging in transactions of more than $10,000 with criminally derived proceeds from properties bought at sheriff's sales.
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Durham follows magistrate's order, moves from sister's house

August 25, 2011
Indicted financier Tim Durham is living in an undisclosed residence in the downtown area after a federal magistrate rejected his request to move back into his 20,000-square-foot mansion.
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Judge poised to toss lawsuit against Pacers owner

August 25, 2011
Associated Press
A judge has suggested she will dismiss key portions of a lawsuit by a nanny who claimed she was fired by billionaire Herb Simon and his wife because the employee became pregnant.
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Witness: Simons were happy about nanny's pregnancy

August 23, 2011
Associated Press
A household employee of Indiana Pacers owner Herb Simon and his wife said they were happy when they learned their nanny was pregnant, even though the nanny claims she was fired over the pregnancy.
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Judge orders Indiana to preserve fair stage wreckage

August 23, 2011
Associated Press
A judge says he will issue a temporary restraining order prohibiting the state from destroying any evidence from the deadly collapse of an Indiana State Fair stage.
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Class-action lawsuit filed over State Fair tragedy

August 23, 2011
Scott Olson
The lawsuit brought by the Indianapolis law firm of Cohen & Malad hopes to include anyone who suffered injuries from a falling stage at the Indiana State Fair on Aug. 13.
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Court rules state overreached when it shut puppy mill

August 23, 2011
Associated Press
The state had seized and sold 240 dogs at business, citing $142,000 in unpaid taxes.
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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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