Real Estate/Construction
Defendant in trial over concert hall defects tries to halt repairs
June 7, 2013
Andrea Muirragui DavisAttorneys for the Michigan contractor being sued over construction defects at Carmel’s Palladium concert hall have asked
a Hamilton County court to halt repair work immediately to preserve evidence in the case.
MorePanel disagrees as to when woman failed to mitigate damages
June 7, 2013
Jennifer NelsonBy a vote of 2-1, the Indiana Court of Appeals Friday reduced nearly $94,000 in damages to just $117 after finding the seller
of a condo failed to mitigate her damages after the buyers backed out of the sale over repairs. Judge Cale Bradford believed
seller Gayle Fischer was entitled to the original damages award.
MoreIndy organization part of first-ever settlement involving REO properties
June 6, 2013
IL StaffThe Fair Housing Center of Central Indiana is one of 13 fair-housing organizations that will split a $27 million settlement
from Wells Fargo Bank with the National Fair Housing Alliance after a complaint alleged the bank better maintained its real
estate properties in white neighborhoods.
MoreTrial set in Carmel's complaint on Palladium construction
May 1, 2013
Andrea Muirragui DavisMediation is scheduled for May 21 in a 2-year-old lawsuit the city of Carmel brought over defects discovered during construction
of its signature Palladium concert hall.
MoreMan entitled to benefits for injuries sustained on the job
April 26, 2013
Jennifer NelsonFinding that a construction supervisor’s receipt of unemployment benefits didn’t preclude him from eligibility
for temporary total disability benefits, the Indiana Court of Appeals affirmed a total award of more than $61,000 to the injured
worker.
MoreJudges rule on contractor dispute over new FBI headquarters
April 4, 2013
Jennifer NelsonThe Indiana Court of Appeals reversed the denial of a general contractor’s motion to stay proceedings and compel arbitration
regarding disputes with subcontractors, finding general contractor Welty Building Co. LTD did not waive its right to insist
upon arbitration.
MoreMany efforts arise to address abandoned property, few go forward
March 27, 2013
Dave StaffordState Sen. Jim Merritt wanted to help an eastside Indianapolis church gain possession of some long-abandoned, derelict houses,
tear them down and establish a neighborhood park. But it turned out there wasn’t much the law allowed the church to
do.
MoreRenovation project raises questions on public bidding
March 27, 2013
Marilyn OdendahlContractors claim in lawsuit that a school corporation's financing method circumvented the law.
MoreGerdt Furniture owners embroiled in $4M court fight
March 14, 2013
Scott OlsonA family dispute involving the owners of Gerdt Furniture & Interiors Inc. has led to a lawsuit accusing them of owing
nearly $4 million in unpaid rent and loans.
MoreSchool corporation’s renovation of building violated public bidding laws
March 6, 2013
Jennifer NelsonThe Indiana Court of Appeals ruled Wednesday that the Evansville Vanderburgh School Corporation’s renovation of a building
to be used to house all administrative offices violated the state’s Public Bidding Laws.
MoreSettlement talks set for Don Marsh severance dispute
March 1, 2013
Scott OlsonLawyers for Marsh Supermarkets Inc. and its former CEO are set to meet Monday in hopes of finally ending their years-long
court battle in which the company already has notched a partial victory.
MoreCOA upholds award of attorney fees but orders damages amount reduced against construction company
February 27, 2013
Jennifer NelsonA claimed scrivener’s error on the Secretary of State’s website should not be held against the couple filing the
lawsuit against a company, the Indiana Court of Appeals held. The error involving an incorrect address on the website was
made by an employee of the company being sued more than two years before the suit was filed.
MoreLawyers worry about impact of court decision on premises liability
February 27, 2013
Dave StaffordThe fatal shooting of a guest in a Speedway motel by a former employee and the resulting civil litigation leaves the Indiana
Supreme Court to decide whether arguments of common law or a 1980s statute governs the premises owner’s degree of liability.
Trial and defense lawyers are paying keen attention.
MoreDecision could come soon on Don Marsh severance claim
February 18, 2013
Scott OlsonDon Marsh shouldn’t have to wait long to find out if he can collect his entire $4 million severance or whether he’ll
have to return the portion he’s already received from Marsh Supermarkets Inc.
MoreJury to begin deliberating in Don Marsh trial
February 15, 2013
Scott OlsonA jury is expected to begin deliberating Friday afternoon whether Don Marsh owes Marsh Supermarkets Inc. more than $3 million
in personal expenses he allegedly charged the company while he was CEO.
MoreWitnesses: Don Marsh’s expenses never questioned
February 14, 2013
Scott OlsonLawyers for Don Marsh continue to hammer home their claims that the former supermarket CEO's expenses for lavish travel
were widely accepted as normal business costs.
MoreDavid Marsh defends trips he took at company's expense
February 13, 2013
Scott OlsonDon Marsh's son David, who served under his father as president of Marsh Supermarkets Inc, traveled widely, often on the
company jet, just as his father did.
MoreSun Capital execs 'shocked' by Marsh financials
February 12, 2013
Scott OlsonAny feelings of satisfaction that executives of Sun Capital Partners had after completing its acquisition of Marsh Supermarkets
Inc. quickly turned to “shock and surprise,” a managing director of the private-equity firm told jurors Tuesday.
MoreMarsh pilot says he flew former CEO to see mistresses
February 11, 2013
Scott OlsonDon Marsh’s personal pilot told jurors Monday morning that he ferried the former CEO of Marsh Supermarkets Inc. to New
York City at least twice a month in a year’s span to visit one of his mistresses.
MoreFormer Marsh CFO sought out bankruptcy lawyers
February 8, 2013
Scott OlsonA former top executive of Marsh Supermarkets Inc. became so concerned about the company’s deteriorating finances less
than a decade ago that he took the desperate step of meeting with bankruptcy lawyers.
MoreMarsh defense: Travel was integral to company success
February 7, 2013
Scott OlsonWithout membership in certain international business organizations, Don Marsh says he could not have built his grocery chain
into a billion-dollar company.
MoreMarsh: Company code of conduct didn’t apply to him
February 6, 2013
Scott OlsonDon Marsh continued to use the company jet for personal reasons even after Marsh Supermarkets Inc. adopted a code of conduct
to discourage financial fraud within the company, a lawyer for the supermarket chain alleged Wednesday morning in an Indianapolis
courtroom.
MoreDefense rests in Bales trial after flurry of witnesses
February 6, 2013
Cory SchoutenClosing arguments are expected to begin Wednesday afternoon in the federal fraud trial of Indianapolis real estate broker
John M. Bales and partner William E. Spencer after the defense raced through seven witnesses Tuesday and early Wednesday.
MoreCouple had to get permit before installing septic systems
January 31, 2013
Jennifer NelsonRejecting a couple’s claim that a statute exempted them from having to get a permit before installing septic systems
following the construction of their home in an unincorporated area of Allen County, the Indiana Court of Appeals affirmed
summary judgment for the health department on the matter.
MoreBales defense: Elkhart deal was a 'scheme to help'
January 29, 2013
Cory SchoutenFacing a looming deadline to find suitable office space for the state Department of Child Services and the prospect that abused
or neglected children in Elkhart County could go without services, real estate broker John M. Bales and partner Bill Spencer
in 2008 dipped into their own pockets to help close a difficult lease deal, their defense attorneys contend.
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Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.
Forcing a defendant to wear a stun belt, in court or otherwise, is a violation of american principles! It is also unconstitutional!
So, if I save $100.00 cash per week, from my $500.00 per week paycheck, for 50 years, at which time, I will have saved $260,000.00, the government can raid my home and take my money, just by saying it is drug money! Shouldn't the government, have some kind of evidence of drugs, rather, than just saying we are the government and we will take anything you own, anytime we choose? Tyranny is upon us! If you don't know your rights, you don't have any!