Lawsuits – Page 94 – Indianapolis Business Journal

Ex-franchisees sue Noble Roman’s

July 7, 2008

Nine former Noble Roman’s franchisees and a current operator have filed a lawsuit charging that the Indianapolis chain lied
to them about the costs and risks of opening one of its pizza and sub restaurants. The franchisees say the 1,000-restaurant
chain aggressively marketed its stand-alone, dual-brand Noble Roman’s and Tuscano’s Italian Style Subs restaurants without
testing the concept–a scheme they contend was designed to inflate the company’s stock price so owners could unload shares
at a profit.

Angie’s List, AT&T fight in court over consumer firm’s logo

June 30, 2008

A federal court this month gave a thumbs-down to a lawsuit filed by Angie’s List claiming that AT&T Yellow Pages violated
trademark laws by publishing ads containing the Angie’s List logo of a servicewoman giving a “thumbs-up.” But on June 25–two
weeks after the court dismissed the suit saying its legal arguments were “meager” and “insubstantial”–the publisher of online
and print business directories filed an amended case against AT&T in U.S. District Court.

Conseco wins $29M judgment in latest round of legal war

June 23, 2008

Conseco Inc. has won another round in court against former Merchants National Bank CEO James D. Massey this month, ringing
up a $29 million judgment against him in a court in Illinois. But Massey shows no sign of throwing in the towel in the years-long
litigation over millions he borrowed to buy Conseco stock. Massey was a director of Conseco from 1994 to 2000.

Bankrupt ATA may sue ex-partner FedEx

June 9, 2008

ATA Airlines Inc. largely blames FedEx Corp. for knocking it out of business this spring. Now, the bankrupt airline is preparing
to fight back by suing the Memphis cargo giant, charging it wrongfully canceled a military-charter contract that generated
hundreds of millions of dollars in revenue for ATA.

WellPoint 401(k) participants sue over decline in stock price

June 9, 2008

Angela Braly, Wayne DeVeydt and the rest of the top brass at WellPoint Inc. face wrath over the company’s recent stock swoon
from a new group: ex-employees. Four former WellPoint workers have filed lawsuits against the Indianapolis-based health insurance
giant over the losses its 401(k) retirement plan suffered in March when the company slashed its profit forecast for the year.

Business leaders battle over real estate left behind by Payton Wells

June 9, 2008

The Malibus and Impalas disappeared from Payton Wells Chevrolet more than 18 months ago, but the controversy over the defunct
dealership at 1510 N. Meridian St. is far from being in the rearview mirror for some of the city’s top businesspeople and
developers. A court battle over the dealership’s properties could determine when and how the roughly six acres of prime land
are redeveloped.

Premier Properties lays off workers as lawsuits, debt pile up

April 7, 2008

Premier Properties USA Inc. has eliminated about half its headquarters staff–more than 40 employees–as banks seize several
of its properties and CEO Christopher P. White faces a barrage of new lawsuits alleging unpaid bills, defaulted loans, illegally
redirected rent payments and check fraud.

Memory Gardens lawsuit seeks $20 million

February 11, 2008

An Indianapolis law firm has filed a class-action suit seeking more than $20 million from a pair of financial-services firms
it says facilitated the transactions that allowed a New Jersey couple to plunder cemetery trust funds. Cohen & Malad LLP filed
the lawsuit late last month on behalf of thousands of customers of Indianapolis-based Memory Gardens Management Corp., which
owns Memory Gardens in Greenwood, Lincoln Memory Gardens in Boone County and other cemeteries. The defendants are the company,
New York-based…

Funeral family asks court to intervene in dispute

January 3, 2008

A family that once owned Forest Lawn Memory Gardens and Funeral Home in Greenwood has asked
a Johnson County court to put the business into receivership amid questions about the status of trust funds set aside to pay
funeral expenses and maintenance.

Payola alleged by radio executive

October 1, 2007

Radio One Indiana’s former controller has filed a civil lawsuit against the company charging she was terminated because of
her race after she raised concerns about fraud and payola in relation to the company’s financial statements.

Symons puts biz into Ch. 11, undercutting rival’s court win

September 10, 2007

Alan G. Symons’ company, Fast Tek Group LLC, lost a court fight with Fishers-based competitor Product Action International
LLC in February. So Symons pushed Fast Tek into Chapter 11 bankruptcy protection in June–a move that clears the way for a
suitor to buy the assets without being saddled with the liabilities.

Ex-Marsh exec says ousted president asked him to inflate profit

June 11, 2007

By now, David Marsh might be regretting he ever decided to take on former employer Marsh Supermarkets Inc. in court. Since
he filed his lawsuit last fall charging the company his grandfather founded had shortchanged him on severance, the company
has stormed back with a blizzard of allegations.

Ex-Norwood execs say company cheated them out of millions

February 19, 2007

Indianapolis-based Norwood Promotional Products is facing legal challenges from a half-dozen former executives who say board
members and investors conspired to fire them, withhold severance pay and cheat them out of as much as $3.6 million in company
stock.

Squabble threatens ABA’s credibility

February 19, 2007

Rival board members are at war over the future of the American Basketball Association just as the Indianapolis-based professional
league appeared to be on the cusp of breakthrough growth.

Complaints accuse Lilly of illegally marketing Zyprexa

December 11, 2006

Eli Lilly and Co. is facing another round of litigation over its star seller, Zyprexa, as insurers and third-party payers
ask to be reimbursed for covering the antipsychotic drug.

Political upstart unloads auto dealership

August 21, 2006

Eric Dickerson, the Republican trying to unseat Julia Carson in the 7th congressional District, plans to sell his north-side Buick dealership to Ed Martin Automotive Group as early as next month. But the dealership could become a campaign liability even if it’s sold.

Credit union ordered to pay ex-executive $3.4M

August 14, 2006

A Marion County judge has ordered an Indianapolis credit union to pay its former CEO $3.4 million, saying it wrongly froze the executive’s accounts after accusing him of financial improprieties three years ago.

Levin builds reputation for pursuing class-action suits

August 29, 2005

Attorney Irwin Levin stood in a courtroom years ago for a pretrial conference when a colleague began to ridicule a rival firm’s slogan. Overhearing the diatribe, the judge asked Levin whether his law office had a mantra. Without hesitation, he quipped: “We’re going to kick your ass.” The room erupted in laughter. While Levin, 51, might have answered in jest, the managing partner of Cohen & Malad LLP indeed has built a national reputation for bloodying the noses of large…

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