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.
Flaherty & Collins, the developer of the 28-story tower, “would love to have a Whole Foods” or similar grocer as a retail tenant. With one Marsh two blocks away and another under construction nearby, the project begs the question whether the area can support three groceries.
The Indiana Court of Appeals upheld an $18.2 million judgment Monday in favor of Marsh Supermarkets LLC on its complaint alleging that Roche breached a contract to sublease space in the Fishers building that houses Marsh’s headquarters.
Lawyers for Marsh Supermarkets Inc. and its former CEO will meet Monday on the issue of whether Don Marsh should have to repay the roughly $2.1 million in severance he received from the company.
The issue will be decided by Judge Sarah Evans Barker, who presided over a two-week civil trial that saw a federal jury return a $2.2 million judgment against the former CEO of Marsh Supermarkets Inc. late Friday night.
The panel of nine will begin closed-door discussions Friday afternoon following closing arguments from attorneys representing Marsh Supermarkets Inc. and the former CEO of the company accused of spending $3.3 million of company funds on personal expenses.
Lawyers for the former CEO of Marsh Supermarkets on Thursday hammered home their claims his expenses were widely accepted in the company as normal business costs, while witness testimony revealed a corporate culture that passed the buck on evaluating those costs.
The former Marsh Supermarkets president told jurors: “Every time I used [the plane] I had a time constraint, and my time was valuable to the company.”
At least twice a month during the year 2000, the pilot told jurors, he ferried Don Marsh to New York City to visit one of his mistresses. Marsh Supermarkets is suing its former CEO in an attempt to recoup more than $3 million in what it claims are personal expenses.
St. Elmo Steakhouse owner Stephen Huse testified that directors had a hard time keeping Don Marsh focused on a potential sale of the company as it teetered toward insolvency.
The disclosure came during the fourth day of Don Marsh’s civil trial. The locally based supermarket chain is alleging he used company funds to pay more than $3 million in personal expenses.
Don Marsh’s testimony on cross-examination Thursday morning revealed a defense strategy to convince jurors that the frequent trips the former CEO took on the company’s dime were more for business than pleasure.