Legal Issues

Planned Parenthood sues Indiana on abortion pill law

August 22, 2013
Associated Press
Planned Parenthood is suing to block a new Indiana law that tightens abortion pill regulations, arguing that the law wrongly targets the organization's clinic in Lafayette.
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iGoDigital founder sues to fend off dispute over $21M sale

August 21, 2013
Dan Human
Eric Tobias' filing in federal court is intended to head off a potential challenge from a key contractor who believes he is owed more from the company's sale to ExactTarget in 2012.
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Ex-lawyer who admitted to fraud wants to keep fees

August 20, 2013
Associated Press
William Conour, a former prominent Indianapolis lawyer who pleaded guilty in July to defrauding clients of $4.5 million, wants to keep $2 million in legal fees he says were legitimately earned.
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ACLU fires lawsuit at city on behalf of panhandlers

August 16, 2013
Jeff Newman
The suit, filed Friday, says four plaintiffs were soliciting donations downtown within the past week when they were asked by city police to cease the activity and leave the area. The plaintiffs were not violating the city’s existing panhandling ordinance, the lawsuit says.
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Judge dismisses suit against Indiana immigration law

August 14, 2013
Associated Press
Two parts of Indiana's immigration law will remain in effect after a federal judge dismissed a lawsuit by a northwestern Indiana Hispanic advocacy group challenging them, the Indiana attorney general's office said Wednesday.
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Teachers union could pay $14M to schools under settlement

August 13, 2013
J.K. Wall
Funds would cover about half of the money the ISTA Insurance Trust claimed was being held in reserve on behalf of school employees in its health insurance plan.
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Judge dismisses charges against ex-regulator Hardy

August 12, 2013
Indiana Lawyer Staff, Dave Stafford
Marion Superior Court Judge William Nelson ruled Monday that David Lott Hardy's behavior in connection with the Duke Energy Corp. ethics scandal wasn't criminal.
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Convicted Conour, government agree to sale of assets for victims

August 12, 2013
Indiana Lawyer Staff, Dave Stafford
Possessions of convicted former attorney William Conour—including furniture, artwork and a collection of premium wine and champagne—could be sold to help clients Conour defrauded of at least $4.5 million.
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Zimmer told to pay Stryker $228 million in patent case

August 8, 2013
Bloomberg News
Indiana-based Zimmer Holdings Inc., which lost a February trial against Stryker Corp. over a surgical device patent, was told to pay three times the jury award, plus other costs.
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HDG Mansur hit with $5.8M court judgment

August 8, 2013
 IBJ Staff
A federal judge in New York has slapped HDG Mansur with a $5.8 million judgment, ruling in favor of a former client that said the Indianapolis real estate firm misappropriated funds.
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Liquor store chain wants to intervene in lawsuit

August 7, 2013
Associated Press
Attorneys for 21st Amendment have filed a motion to intervene in the suit filed by the Indiana Petroleum Marketers and Convenience Store Association and several store owners.
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Holiday World family takes dispute to Indiana appeals court

August 7, 2013
Marilyn Odendahl, Indiana Lawyer Staff
An agreement meant to keep a popular amusement park in the family has sparked a bitter dispute that has reached the Indiana Court of Appeals.
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Allison Pointe buildings hit with foreclosure suit

August 6, 2013
Scott Olson
The owners of the buildings, about three dozen entities and individuals, owe $16.6 million, or the entire balance of the loan they received in 2006 to purchase the properties, according to court documents.
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New front opens in family battle over Mel Simon fortuneRestricted Content

August 3, 2013
Greg Andrews
Bren Simon is pushing hard for a distribution from the estate now, citing as precedent an Indiana Court of Appeals ruling in another case that “as a matter of policy, beneficiaries should not be starved of distributions to which they are undisputably entitled.”
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Celadon to pay $18.5M settlement over fatal crash

August 2, 2013
Jeff Newman
The Indianapolis-based trucking firm has agreed to pay $18.5 million to the families of two men who died in a multiple-vehicle accident involving a Celadon truck driver in northwest Indiana in February 2011.
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Don Marsh to keep $2.2M severance from grocery chain

July 30, 2013
Scott Olson
Judge Sarah Evans Barker issued an order allowing Marsh to keep the severance paid by his former company, which attempted to recover the payments from him. The order ends a four-year court battle between the two parties.
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Brizzi hit with another legal malpractice suit

July 29, 2013
Indiana Lawyer Staff, Dave Stafford
Defrocked Secretary of State Charlie White has sued Carl Brizzi, the former Marion County prosecutor who represented White during a criminal case that led to his removal from office.
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City Securities paying $580,000 to settle SEC probe

July 29, 2013
Greg Andrews
The SEC said the Indianapolis investment firm and a southern Indiana school district made false statements to bond investors. The agency also said the head of City's municipal bond division, Randy Ruhl, provided improper gifts to bond issuers.
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String of EEOC complaints dogs WTHR

July 27, 2013
Chris O'Malley
A case brought early this year by the executive assistant to WTHR-TV Channel 13’s former president was the seventh since 2005 by a woman alleging sex discrimination at the NBC affiliate
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Attorney’s report alleges trucking school small-claims abuses

July 26, 2013
An attorney’s report examining more than 7,700 lawsuits filed by an Indianapolis-based trucking school alleges systemic abuses that resulted in thousands of judgments against people who may never have stepped foot in the county or the state.
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Faithful are victims at both ends of church scam

July 24, 2013
Associated Press
Nearly a decade after the government took over an Indiana brokerage firm whose leaders scammed more than 10,000 devout investors out of millions of dollars, officials are still trying to get their money back without forcing congregations out of their houses of worship.
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NCAA rejects claims in concussion lawsuit

July 22, 2013
Associated Press
Attorneys suing the Indianapolis-based NCAA over its handling of head injuries asked a federal judge to let them expand the lawsuit to include thousands of plaintiffs nationwide.
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Mighty Oxford Financial loses big case with clientRestricted Content

July 20, 2013
Greg Andrews
An arbitrator ordered the Carmel financial-advisory firm to pay $2.2 million to Reid Hospital & Health Services of Richmond. The dispute involved a delay in executing trades in 2011 that the hospital alleged cost it $2.5 million.
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Attorney disbarred for writing book about client

July 17, 2013
Jennifer Nelson / The Indiana Lawyer
In 2010, Joseph Stork Smith authored a book purporting to be a true autobiographical account of his 20-year relationship with a former client who was active in politics.
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NCAA to stop putting name, logo on video game

July 17, 2013
Associated Press
The move comes as the NCAA fights a lawsuit that demands the NCAA find a way to cut players in on the billions of dollars earned from live broadcasts, memorabilia sales, video games and in other areas.
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  1. By Mr. Lee's own admission, he basically ran pro-bono ads on the billboard. Paying advertisers didn't want ads on a controversial, ugly billboard that turned off customers. At least one of Mr. Lee's free advertisers dropped out early because they found that Mr. Lee's advertising was having negative impact. So Mr. Lee is disingenous to say the city now owes him for lost revenue. Mr. Lee quickly realized his monstrosity had a dim future and is trying to get the city to bail him out. And that's why the billboard came down so quickly.

  2. Merchants Square is back. The small strip center to the south of 116th is 100% leased, McAlister’s is doing well in the outlot building. The former O’Charleys is leased but is going through permitting with the State and the town of Carmel. Mac Grill is closing all of their Indy locations (not just Merchants) and this will allow for a new restaurant concept to backfill both of their locations. As for the north side of 116th a new dinner movie theater and brewery is under construction to fill most of the vacancy left by Hobby Lobby and Old Navy.

  3. Yes it does have an ethics commission which enforce the law which prohibits 12 specific items. google it

  4. Thanks for reading and replying. If you want to see the differentiation for research, speaking and consulting, check out the spreadsheet I linked to at the bottom of the post; it is broken out exactly that way. I can only include so much detail in a blog post before it becomes something other than a blog post.

  5. 1. There is no allegation of corruption, Marty, to imply otherwise if false. 2. Is the "State Rule" a law? I suspect not. 3. Is Mr. Woodruff obligated via an employment agreement (contractual obligation) to not work with the engineering firm? 4. In many states a right to earn a living will trump non-competes and other contractual obligations, does Mr. Woodruff's personal right to earn a living trump any contractual obligations that might or might not be out there. 5. Lawyers in state government routinely go work for law firms they were formally working with in their regulatory actions. You can see a steady stream to firms like B&D from state government. It would be interesting for IBJ to do a review of current lawyers and find out how their past decisions affected the law firms clients. Since there is a buffer between regulated company and the regulator working for a law firm technically is not in violation of ethics but you have to wonder if decisions were made in favor of certain firms and quid pro quo jobs resulted. Start with the DOI in this review. Very interesting.

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