Business Law

Judge declines to dismiss $6.5M Andy Mohr jury award

June 2, 2016
IBJ Staff
A federal judge in Indianapolis has refused to dismiss a $6.5 million jury verdict awarded to Andy Mohr Truck Center in its long-running dispute with Volvo Trucks North America.
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Dell shareholders win hollow court victory over buyout price

June 1, 2016
 Bloomberg News
Dell Inc. shareholders who thought they were fleeced by the deal that took the computer maker private in 2013 have scored a rare — though hollow — legal victory.
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Staples, Office Depot scrap merger after judge blocks deal

May 11, 2016
 Associated Press
Staples and Office Depot said Tuesday they are scrapping their planned $6.3 billion merger after a federal judge blocked the deal, saying the government had made the case that the combination would likely hurt competition in office supplies.
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Wal-Mart sues Visa over chip-enabled debit cards

May 11, 2016
 Associated Press
Wal-Mart Stores Inc. has sued Visa Inc., charging that the payment network is not allowing the retail giant to let customers verify chip-enabled debit card transactions with what it believes is a more secure method: personal identification numbers.
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PepsiCo's Quaker sued for not flagging pesticide in oatmeal

May 3, 2016
 Bloomberg News
Consumers in New York, California and Illinois sued PepsiCo Inc.’s Quaker Oats for false advertising, claiming the brand’s signature product contains a possible carcinogen that is not listed as an ingredient.
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Making sure compliance is kept

April 20, 2016
Scott Roberts
Barnes & Thornburg LLP has launched a new corporate compliance group aimed at giving clients a “one-stop shop” at the same time the firm and one of its lawyers has received a top assignment from the federal government.
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COA: Statute of limitations prevents business partner’s lawsuit

April 7, 2016
Scott Roberts
The Indiana Court of Appeals upheld summary judgment for a man who left one business partnership and started another and was later sued, ruling the statute of limitations on the disgruntled partner’s lawsuit had expired on both of his claims.
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'Quasi-contract' not enough in fraud suit

March 28, 2016
Scott Roberts
The 7th Circuit Court of Appeals said a “quasi-contract” was not enough to pursue damages in a fraud case where one additive was unknowingly substituted for another.
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Staples judge slams FTC on Amazon testimony in merger case

March 25, 2016
 Bloomberg News
A federal judge criticized the U.S. Federal Trade Commission for attempting to elicit false information from an Amazon.com Inc. executive to support its lawsuit to block Staples Inc.’s takeover of rival Office Depot Inc.
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Vaping firms say industry in peril in state unless lawmakers act

March 2, 2016
Hayleigh Colombo, IBJ Staff
Manufacturers of electronic cigarette liquids that hope to gain a license to continue selling their popular products in Indiana fear their business in the state is at risk of evaporating.
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Dow Chemical settles case citing Supreme Court uncertainty

February 26, 2016
 Associated Press
Dow Chemical says it will pay $835 million to settle a long-standing class action lawsuit, after the death of Justice Antonin Scalia decreased its chances of prevailing at the U.S. Supreme Court.
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No demand futility in Biglari transactions

February 17, 2016
Scott Roberts
The 7th Circuit Court of Appeals has affirmed a decision that a company did not commit demand futility during three transactions in 2013.
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Slave-labor loophole closed by US Senate after 8 decades

February 12, 2016
 Bloomberg News
For 85 years, the U.S. government has turned a blind eye to companies that import goods derived from slavery – so long as domestic production couldn’t meet demand for those goods. That’s about to change.
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Too many toys? Mattel-Hasbro fate rides on antitrust math

February 5, 2016
 Bloomberg News
A proposed merger of Hasbro Inc. and Mattel Inc., an entity that could account for close to half the toys sold in U.S. mass-market outlets, would need to win approval from antitrust officials in Washington who are increasingly saying no to deals marrying the dominant players in an industry.
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Indiana’s 6 commercial courts set to begin June 1

January 21, 2016
IL Staff
Six commercial courts handling specialized dockets of business cases were announced Wednesday in an order of the Indiana Supreme Court.
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Amazon veers into labor law fight-zone for hurried deliveries

January 19, 2016
 Bloomberg News
Amazon.com Inc.’s Uber-esque foray into ultra-fast delivery has landed it in court with drivers claiming they’re being exploited.
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Evans settles federal lawsuit related to AIT labs sale

January 11, 2016
IBJ Staff
A federal lawsuit that accused AIT Laboratories founder Michael Evans of breaching his fiduciary duties by selling the Indianapolis-based company to employees at an inflated price has been settled, the company announced Friday afternoon.
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Mike Oxley, congressman behind anti-fraud law, dies at 71

January 4, 2016
 Bloomberg News
Mike Oxley, the former U.S. congressman who co-sponsored the landmark Sarbanes-Oxley Act requiring corporate executives to vouch for company financials in the wake of the Enron and WorldCom accounting scandals, has died at age 71.
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Shkreli’s lawyer accused of templating sham retrophin share deal

December 18, 2015
 Bloomberg News
A handcuffed Evan Greebel walked out of the FBI’s New York headquarters a few steps ahead of ex-Retrophin Inc. CEO Martin Shkreli, but prosecutors say the men were side- by-side when it came to a multimillion dollar fraud at the company’s expense.
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Justices affirm ruling for school in fired principal’s suit

December 16, 2015
Jennifer Nelson
An elementary school principal whose administrator’s contract was canceled after school officials learned of his affair with a teacher received constitutional due process in his termination proceedings, the Indiana Supreme Court affirmed Tuesday.
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High court: DirectTV can cut off class-action lawsuit

December 14, 2015
 Associated Press
The United States Supreme Court ruled Monday that satellite provider DirecTV can avoid a class-action lawsuit in California over early termination fees and force customers into private arbitration hearings instead.
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More proceedings necessary in mortgage foreclosure action

December 11, 2015
Jennifer Nelson
Because there are genuine issues of material fact as to the fair market value of a property at the time of sale and the true amount of indebtedness on a promissory note, a trial court erred in granting summary judgment in favor a bank on its foreclosure action, the Indiana Court of Appeals ruled Friday.
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Court: It’s risky to take justice into your own hands

December 10, 2015
Jennifer Nelson
Affirming an award of treble damages and remanding for appellate attorney fees, the Indiana Court of Appeals warned in a criminal conversion case Thursday that self-help remedies are perilous and potentially expensive, and it’s best to not take justice into your own hands.
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Company owner personally liable for unpaid phone book ads

December 10, 2015
Jennifer Nelson
Reversing a Hamilton County trial court, an appellate panel found a company owner individually liable and remanded for a determination of damages, interest and attorney fees.
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Indianapolis corporate attorney David Millard dies

December 8, 2015
IL Staff
David B. Millard, a lifetime resident of Indiana who enjoyed working with entrepreneurs, died Dec. 3.
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  1. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

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