Business Law
Supreme Court rules AOL required to pay online use taxes
March 16, 2012
Michael HoskinsThe Indiana Supreme Court has held that companies purchasing online promotional materials from outside the state must pay
a use tax when those materials are distributed within Indiana.
MoreCOA: trial court erred in piercing corporate veil
March 6, 2012
Jennifer NelsonBecause there was no causal connection established between misuse of the corporate form and fraud or injustice, the Indiana
Court of Appeals reversed the trial court’s decision to pierce the corporate veil.
MoreJudge rules on summary judgment motions in IBM case
January 26, 2012
Jennifer NelsonThe State of Indiana may be on the hook to pay IBM $40 million in subcontractor assignment fees per the contract it had with
IBM to update the state’s welfare system, a contract the state cancelled in October 2009 because it wasn’t happy
with results.
MoreSupreme Court upholds unemployment benefits for Chrysler workers
January 19, 2012
Jennifer NelsonThe Indiana Supreme Court has affirmed the decision by the Review Board of the Indiana Department of Workforce Development
granting unemployment benefits to Chrysler workers who took voluntary buyouts.
MoreFedEx wins reversal of jury's $66M award to ATA
December 27, 2011
IBJ StaffFedEx Corp. has won an appeal that overturns a $66 million verdict in favor of defunct Indianapolis airline ATA Airlines Inc.
MoreCOA affirms trial courts in truant kindergartner cases
November 18, 2011
Jenny MontgomeryThe Indiana Court of Appeals has sided with the trial courts in two cases that have been consolidated in one appeal in determining
that referral and attendance records for truant students were admissible at trial under the state’s business records
exception.
MoreJudges find certain property not included in sheriff's sale
October 31, 2011
Jennifer NelsonThe Indiana Court of Appeals relied on a decision from Colorado to rule on a case involving the sale of business personal
property at a sheriff’s sale when the notice only mentioned the sale of real property.
MoreSecurities law conference Oct. 18
October 10, 2011
IL StaffThe Indiana Continuing Legal Education Forum will host a conference on securities law from 8:30 a.m. to 4:30 p.m. Oct. 18
at the ICLEF Conference Facility, 230 E. Ohio St., 5th floor, Indianapolis.
MoreTax Court rules in brewery's favor
August 19, 2011
Jennifer NelsonRuling on an issue that previously has come before the Indiana Tax Court, Senior Judge Thomas Fisher has upheld that sales
to Indiana customers who hired common carriers to pick up alcohol at an Ohio facility shouldn’t have been included in
the sales factor of Miller Brewing Co.’s adjusted gross income tax and supplemental net income tax.
MoreFederal appeals court examines disputed telephone charges
August 16, 2011
Michael HoskinsWriting for a unanimous 7th Circuit Court of Appeals panel, U.S. Judge David Hamilton authored an opinion Tuesday full of
what he calls “telephonese.” The opinion delves into a small business’s disputed phone bill charges and
how those matters are governed by state and common law.
MoreCOA turns to dictionary in contract dispute
June 30, 2011
Jenny MontgomeryCiting Black’s Law Dictionary’s definitions of “solicit” and “induce,” the Indiana Court
of Appeals has affirmed a trial court’s finding that a software company did not violate terms of its contract with another
business.
MoreHigh court questions whether transactions are leases or security interest sales
June 21, 2011
Michael HoskinsExamining whether a transaction between two businesses is a lease or a sale subject to security interest, the Indiana Supreme
Court has adopted an approach used in Colorado. The court held that various factors, such as the economy, must be considered
in each situation to decide that question.
MoreLawyer sentenced for theft, corrupt business practice
May 16, 2011
Jennifer NelsonA northeast Indiana attorney who pleaded guilty to stealing from his clients has been sentenced to 11 years in prison, with
five and one-half of those years suspended to active probation.
MoreEthics commission fines, bans attorney from state employment
May 13, 2011
IL StaffThe Indiana State Ethics Commission has found a former general counsel and chief administrative law judge for the Indiana
Utility Regulatory Commission violated the law when he participated in decisions involving his future employer, Duke, while
still with the IURC.
MoreCOA rules on unjust enrichment issue for first time
April 29, 2011
Jennifer NelsonFor the first time, the Indiana Court of Appeals addressed an issue involving express contracts and equitable remedies and
decided that the existence of a contract, in and of itself, doesn’t preclude equitable relief which isn’t inconsistent
with the contract.
MoreCOA divided on noncompete agreement, injunction
February 23, 2011
Jennifer NelsonEven though Indiana courts strongly disfavor noncompete clauses in employment contracts as restraints of trade, the majority
of Indiana Court of Appeals judges affirmed the grant of a preliminary injunction against a Porter County man. They found
the company had a legitimately protectable interest in the man’s knowledge of its customers and market.
MoreSupreme Court posts foreclosure best practices
January 4, 2011
Rebecca BerfangerThe Indiana Supreme Court has posted best practices regarding mortgage foreclosures filed in Indiana. The Indiana attorney general also filed
a petition with the Supreme Court supporting the best practices and asking for the Supreme Court to require
those recommendations in mortgage foreclosure proceedings.
MoreJustices reaffirm uniform-contract interpreation approach
December 29, 2010
Michael HoskinsThe Indiana Supreme Court has reaffirmed the state’s reliance on the uniform-contract interpretation approach rather
than a site-specific approach for deciding which of several states’ laws should apply to an environmental remediation
insurance coverage case.
MoreNew Tax Court judge 'honored and humbled' by appointment
December 23, 2010
Michael HoskinsA longtime lawyer and tax specialist received an early Christmas gift this week, learning that she’ll be the state’s
newest Tax Court judge and the first woman to hold a seat on that bench.
MoreAppellate court upholds enforcing settlement agreement
November 30, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed a Marion Superior judge’s decision to enforce a disputed settlement agreement,
finding the parties agreed to the essential terms resolving the issues between them.
MoreJudges: disparagement provision not violated
November 18, 2010
Jennifer NelsonThe 7th Circuit Court of Appeals twice declined to certify questions to the Indiana Supreme Court a litigant raised in his
appeal of a suit involving alleged violations of a non-disparagement clause in a settlement agreement.
MoreCOA reverses ruling in right of contribution case
November 17, 2010
Jennifer NelsonThe Indiana Court of Appeals used common law today to reverse a judgment in favor of a man suing his business partner for
failing to contribute to guarantee payments.
MoreSCOTUS mulling the future of class-action suits
November 9, 2010
Michael HoskinsDefense and plaintiffs attorneys alike have their eyes on the Supreme Court of the United States, which has before it a case
that some say could spell the end to class-action lawsuits in the name of contractual arbitration.
More7th Circuit upholds injunction in adult-business ordinance case
October 1, 2010
Jennifer NelsonThe 7th Circuit Court of Appeals agreed with a Southern District of Indiana judge who granted a preliminary injunction preventing
Indianapolis from enforcing the 2002 ordinance that regulates adult-bookstore business hours.
MoreJustices address economic loss rule in 2 opinions
June 30, 2010
Jennifer NelsonIn two separate rulings involving the “economic loss rule,” the Indiana Supreme Court ruled against a library
seeking to hold subcontractors and an engineer responsible for negligence, and in favor of a bank in its tort claim against
a title company.
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Court Calendar
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.