Business Law

South Bend bar's dress code prohibiting tattoos within the law

May 11, 2015
 Associated Press
A northern Indiana bar was within its rights to deny a man entry because his neck tattoo violated its dress code despite the patron's feelings of discrimination, a civil rights group says.
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AIT, former execs rack up nearly $5M in legal costs

April 10, 2015
IBJ Staff, J.K. Wall
AIT Laboratories and its former executives have already incurred nearly $5 million defending themselves against charges by the U.S. Department of Labor that AIT founder Michael Evans sold the company to its employees at an inflated price.
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Workplace equality: Employers must be of aware court-ordered requirements

March 25, 2015
Dave Stafford
The advice labor and employment attorneys provide companies is changing in light of recent court decisions on Indiana’s laws governing same-sex marriage, and it may change again when the Supreme Court of the United States rules on the issue.
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Steak n Shake parent wins court victory amid proxy challenge

March 20, 2015
IBJ Staff
Biglari Holdings Inc. has won a major legal victory as a separate fight with a dissident shareholder turns personal. A lawsuit brought by shareholders of the Steak n Shake parent accusing CEO Sardar Biglari and directors of breaching their fiduciary duties has been dismissed by a federal judge in Indiana.
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Reversal: Ex-AM General exec must go to court for compensation

March 20, 2015
Dave Stafford
The ex-president, CEO and chairman of South Bend Humvee maker AM General will have to go to court to seek cash compensation that the company instead paid in the form of a promissory note, the Indiana Court of Appeals ruled Friday.
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Joint defense agreement does not prevent trust from suing attorney

March 18, 2015
Jennifer Nelson
On interlocutory appeal, the Indiana Court of Appeals affirmed that a joint defense agreement entered into by an attorney and the trust he helped to set up and for which he served as trustee did not bar the trust’s later lawsuit against him for claims arising from their business relationship.
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Justices affirm brother committed 3 separate breaches of contract

March 18, 2015
Jennifer Nelson
The Indiana Supreme Court agreed with the Court of Appeals on Tuesday that a man who purchased three properties outside of the joint business with his brother breached a noncompetition agreement with respect to all three properties.
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Anthem customers’ attorneys will have to prove injury

March 11, 2015
Marilyn Odendahl
Since health insurance giant Anthem Inc. announced millions of customers’ information had been stolen in a data breach, class-action lawsuits against the company have been filed in federal courts across the country. Although the breach is unprecedented and consumers are fearful their identities will be stolen, the plaintiffs may not have been harmed according to the law.
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COA upholds $10,000 fine for failure to cooperate with discovery

March 9, 2015
Marilyn Odendahl
A trial court that slapped a transportation company with a $10,000 sanction and ordered its president jailed if the fine was not paid did not commit an error, the Indiana Court of Appeals has ruled.
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Justices: Fisherman is off the hook in grouper-tossing case

February 26, 2015
 Associated Press
A Florida fisherman convicted of tossing undersized grouper off his boat is off the hook after a divided Supreme Court ruled Wednesday that he should not have been ensnared by a law targeting accounting fraud.
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Bill would let Indiana businesses battle patent trolls in state courts

February 25, 2015
Marilyn Odendahl
A bill, authored by Bedford Republican Rep. Eric Koch, would prohibit a person from asserting a bad-faith claim of patent infringement and would enable the Indiana business accused of infringing to seek remedy in state court.
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GOP-led Senate advances bill protecting religious objections

February 24, 2015
 Associated Press
A proposal that supporters say would allow people with strong religious beliefs to not provide services for same-sex weddings has been approved by the Indiana Senate.
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Rush rolls out commercial court plan in State of Judiciary

January 28, 2015
Dave Stafford
Commercial courts heralded by Indiana Chief Justice Loretta Rush in her first State of the Judiciary address could be in business soon, with the first pilots launching as early as this summer, according to judges and lawyers involved in developing the plans.
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Court affirms valuation of hoof trimming business

January 22, 2015
Jennifer Nelson
A trial court did not abuse its discretion in ordering an ex-husband to pay a portion of an expert’s fee for valuating his hoof trimming business upon the dissolution of his marriage, the Indiana Court of Appeals held Thursday.
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Liquor store owners argue state has Constitutional right to regulate cold beer

December 9, 2014
Marilyn Odendahl
The Indiana Association of Beverage Retailers Inc., arguing that the state’s interest in regulating alcohol trumps an Equal Protection challenge, has filed an amicus brief in support of Indiana’s law prohibiting convenience stores and gas stations from selling beer cold.
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Feds drop case against former Eli Lilly scientists accused of stealing secrets

December 5, 2014
IBJ Staff, J.K. Wall
Federal prosecutors in Indianapolis dropped all charges against two scientists accused of stealing trade secrets worth $55 million from Eli Lilly and Co., according to a court motion made Friday in federal court in Indianapolis.
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Allegation of conspiracy not enough to support civil conspiracy claim

November 26, 2014
Marilyn Odendahl
A parts supplier failed to convince the Indiana Court of Appeals that a civil conspiracy claim against several co-defendants named in a breach of contract dispute can stand without showing every alleged conspirator committed an underlying unlawful act.
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Mill not entitled to prejudgment interest on breach of contract claim

November 10, 2014
Jennifer Nelson
The Indiana Court of Appeals upheld a $36 million award to an East Chicago mill after a braking system failure led to the spillage of molten iron within the shop. But the judges reversed the grant of more than $3 million in prejudgment interest.
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Summary judgment inappropriate in light of pending discovery

October 31, 2014
Marilyn Odendahl
Noting a pending discovery may still turn up answers, the Indiana Court of Appeals overturned a summary judgment and allowed a feud between former business partners to continue.
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Judges affirm Indiana retailer owes Levi’s $315,000 after violating policies

October 27, 2014
Jennifer Nelson
An Indiana company that operates a website selling jeans must pay Levi Strauss North America more than $315,000 after the company violated Levi’s Internet policies for distributors.
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Simon CEO's bonus reversal still triggers investor suit

October 24, 2014
 Bloomberg News
Seeking to avoid investor litigation, Simon Property Group Inc. earlier this year eliminated a $120 million stock award to Chief Executive Officer David Simon in favor of a performance-based bonus. Now the company and its directors have been sued anyway.
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Attorney wins summary judgment appeal

September 23, 2014
Marilyn Odendahl
An Indianapolis attorney ensnared in a dispute between a land developer and a creditor was successful at convincing the Indiana Court of Appeals he is identical to the other defendants and should be granted summary judgment.
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Omitted information in notice does not bar entry of summary judgment

September 11, 2014
Jennifer Nelson
Failure in a notice of dissolution to describe information that must be included in a claim filed against the company does not make the notice invalid, the Indiana Court of Appeals ruled Thursday. Since the notice was valid, a convenience store owner’s lawsuit is time-barred. 
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Court must hold hearing on injunction involving medical practice

September 10, 2014
Jennifer Nelson
A trial court’s assessment of the public interest regarding whether a doctor is prohibited under a noncompete agreement to practice within 25 miles of his former office in Rensselaer was contrary to law, the Indiana Court of Appeals held Wednesday. The judges reversed the denial of a motion for a preliminary injunction preventing the doctor from opening a new practice next door to his previous one.
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Beer distributor Monarch stepping up booze push

September 8, 2014
Kathleen McLaughlin, IBJ Staff
In a campaign to enter the hard liquor business, Monarch Beverage Co. is pursuing a new tactic that takes aim at state regulators.
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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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