Real Estate/Construction

COA upholds award of attorney fees but orders damages amount reduced against construction company

February 27, 2013
Jennifer Nelson
A 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.
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Lawyers worry about impact of court decision on premises liability

February 27, 2013
Dave Stafford
The 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.
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Decision could come soon on Don Marsh severance claim

February 18, 2013
Scott Olson
Don 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.
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Jury to begin deliberating in Don Marsh trial

February 15, 2013
Scott Olson
A 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.
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Witnesses: Don Marsh’s expenses never questioned

February 14, 2013
Scott Olson
Lawyers 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.
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David Marsh defends trips he took at company's expense

February 13, 2013
Scott Olson
Don 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.
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Sun Capital execs 'shocked' by Marsh financials

February 12, 2013
Scott Olson
Any 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.
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Marsh pilot says he flew former CEO to see mistresses

February 11, 2013
Scott Olson
Don 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.
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Former Marsh CFO sought out bankruptcy lawyers

February 8, 2013
Scott Olson
A 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.
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Marsh defense: Travel was integral to company success

February 7, 2013
Scott Olson
Without membership in certain international business organizations, Don Marsh says he could not have built his grocery chain into a billion-dollar company.
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Marsh: Company code of conduct didn’t apply to him

February 6, 2013
Scott Olson
Don 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.
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Defense rests in Bales trial after flurry of witnesses

February 6, 2013
Cory Schouten
Closing 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.
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Couple had to get permit before installing septic systems

January 31, 2013
Jennifer Nelson
Rejecting 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.
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Bales defense: Elkhart deal was a 'scheme to help'

January 29, 2013
Cory Schouten
Facing 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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Judges rule on rehearing that company can hold mechanic’s lien

January 23, 2013
Jennifer Nelson
JM Woodworking petitioned the Court of Appeals for rehearing after the court decided in November 2012 that the company could not hold a mechanic’s lien against property of Fred and Mary Anna Feitler for unpaid bills on the construction of their home.
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Speedway agreement pledges ADA compliance

January 10, 2013
Dave Stafford
Indianapolis Motor Speedway announced Thursday it will pursue full compliance with the Americans with Disabilities Act in what an attorney involved in the matter said could be the largest settlement agreement under the 1990 law.
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Settlement without insurer’s consent is at builder’s expense

January 8, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals praised a homebuilder for its quick response and remedy to a couple’s discovery that their brand new home was full of backed-up sewage. But because Arbor Homes didn’t get the consent of the insurer regarding a settlement, the insurer has no obligation to pay for the cleanup.
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Indianapolis attorney pleads guilty in deal with prosecutors

January 4, 2013
Cory Schouten
Indianapolis attorney and developer Paul J. Page has agreed to cooperate with federal prosecutors in an investigation that also targets former Marion County Prosecutor Carl Brizzi.
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Attorney general sues 3 contractors over poor work, no refunds

January 3, 2013
IL Staff
Indiana Attorney General Greg Zoeller announced Wednesday that he has filed lawsuits against three contractors doing business in Indiana that didn’t perform work as promised or misrepresented the urgency of needed repairs.
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Builder allowed to foreclose on lien

December 12, 2012
Jennifer Nelson
The Indiana Court of Appeals found a Lake Superior judge erred in denying a construction company’s request to foreclose on a mechanic’s lien after the client withheld a final payment, claiming faulty work.
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Housing group sues Buckingham over apartment accessibility

December 11, 2012
Scott Olson
A not-for-profit fair housing group is suing Indianapolis-based Buckingham Cos., claiming the apartment developer has ignored government rules requiring accommodations for people with physical disabilities.
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Majority affirms trial court in failed lease suit

December 7, 2012
Jennifer Nelson
The majority on the Indiana Court of Appeals affirmed the trial court’s ruling in favor of a leasing company on a suit brought by the homeowners after the lessees failed to pay their rent.
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Kohl’s loses appeal vs. developer, county over Evansville store

November 16, 2012
Dave Stafford
A department store chain failed to persuade the Indiana Court of Appeals to reverse a trial court’s dismissal of a lawsuit it filed against a developer and two public Vanderburgh County entities.
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Justices take case, revise sentence

November 7, 2012
Jennifer Nelson
In a divided per curiam opinion released Wednesday, the Indiana Supreme Court granted transfer to a case and agreed that a man’s aggregate sentence for criminal recklessness and criminal mischief should be revised to four years. 
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Ex-employee wins appeal and prejudgment interest

November 7, 2012
Jennifer Nelson
A former employee is entitled to commissions owed to him after he left a real estate company, the Indiana Court of Appeals affirmed Wednesday. The judges also found the ex-employee is entitled to prejudgment interest.
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  1. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  2. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  3. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  4. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  5. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

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