Business Law

COA rules preliminary injunction wrongly extended noncompete agreement

November 13, 2013
Marilyn Odendahl
In reviewing a dispute over the terms of a noncompete agreement, the Indiana Court of Appeals reminded the trial court that a preliminary injunction has limits.
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7th Circuit blocks Obamacare ‘contraception mandate’

November 11, 2013
Dave Stafford
Roman Catholic employers – including the owners of an Indiana company – won a Circuit Court ruling Friday blocking the “contraception mandate” contained in the Patient Protection and Affordable Care Act, commonly referred to as Obamacare.
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Shares of dissolved corporation is matter to be handled by trial court, COA rules

October 18, 2013
Marilyn Odendahl
A dispute between two brothers over corporate shares left from the dissolution of the family business got a rehearing by the Indiana Court of Appeals, but no reversal.
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Marsh Supermarkets, former CEO spar over attorney fees

September 12, 2013
Scott Olson
The years-long legal spat between Don Marsh and the company he once led appeared to have concluded this summer, but has now turned to attorneys’ fees and who’s paying the million-dollar bills.
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Business agreements provide roadmap for changes in family-run enterprises

September 11, 2013
Marilyn Odendahl
Integrate family into small business ownership and the potential for rivalry, high emotions and different agendas increases, especially as the business is passed from one generation to the next. The dispute rocking the Holiday World & Splashin’ Safari theme park in southwest Indiana shows what can happen when a family fights over a business but, attorneys say, it is an extreme and uncommon situation. Usually members of a family or multiple shareholders in a closely held company work through their dispute outside the courtroom.
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Heavily redacted report cannot hide behind business-judgment rule

September 3, 2013
Marilyn Odendahl
Although a report produced by a special litigation committee contains privileged information, the plaintiffs must be allowed full access to the unredacted version in order to determine if the investigation was extensive and conduced in good faith.
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Holiday World family takes dispute to Court of Appeals

August 6, 2013
Marilyn Odendahl
An agreement meant to keep a popular amusement park in the family has sparked a bitter dispute that has reached the Indiana Court of Appeals.
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7th Circuit: New indemnity provision does not release employer from liability

July 30, 2013
Marilyn Odendahl
An employer will have to pay $4.23 million after the 7th Circuit Court of Appeals was unconvinced by the employer’s argument that language in a later contract superseded that of an earlier contract.
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Appeals court orders more proceedings in pulley lawsuit

July 23, 2013
Jennifer Nelson
Finding the trial court shouldn’t have granted summary judgment in favor of a distributor on a buyer’s claim of breach of implied warranty of merchantability regarding pulleys provided by the distributor, the Indiana Court of Appeals remanded to the trial court to take another look at the issue.
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Lilly, Simon lawyers make best-paid general counsel list

July 23, 2013
IL Staff
Attorneys for two Indianapolis-based Fortune 500 companies are among the 50 best-paid general counsel, according to a list published Monday by Corporate Counsel Magazine.
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COA affirms dissolution of corporation embroiled in family dispute

July 17, 2013
Jennifer Nelson
A company owned by two brothers – one disabled and one terminally ill – was properly dissolved by the trial court over the disabled brother’s objections, the Indiana Court of Appeals held.
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7th Circuit rejects ‘kitchen sink approach’ in widow’s insurance appeal

July 8, 2013
Dave Stafford
A woman whose husband died of cancer as their purchase of several Terre Haute-based car dealerships was failing is not entitled to proceeds of his life insurance policy – a policy that had been assigned as an asset in the sale of the lots – the 7th Circuit Court of Appeals ruled Monday.
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State responds to complaint over cold beer sales

July 8, 2013
Marilyn Odendahl
The Office of the Indiana Attorney General has filed an answer to a lawsuit challenging the state’s laws and regulations that keep gas stations and grocery stores from selling cold beer.
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Tax Court rejects company’s claim it was a passive investor

June 19, 2013
Jennifer Nelson
A mobile telecommunications group was unable to convince the Indiana Tax Court Tuesday that it was entitled to summary judgment on the issue of whether it should have received a refund for paid adjusted gross income tax.
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Changing times change mergers and acquisitions practice

June 19, 2013
Marilyn Odendahl
In the manufacturing hub of Elkhart, attorney Mike Pianowski has noticed the mergers and acquisitions market rebounding.
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Justices vacate transfer in third appeal of Fort Wayne foreclosure case

June 7, 2013
The Indiana Supreme Court decided this week that it won’t take the third appeal in the case involving a Fort Wayne restaurant operator sued by former mortgagors.
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Convenience stores sue to be able to sell cold beer

May 14, 2013
Jennifer Nelson
The Indiana Petroleum Marketers and Convenience Store Association has filed a complaint in federal court challenging the law governing the sale of cold beer. Convenience stores, pharmacies and groceries are unable to sell cold beer under current law.
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More franchisees join revolt over Steak n Shake menu pricing

May 1, 2013
Scott Olson
More Steak n Shake franchisees are revolting over the company’s policy that prohibits restaurants in the chain from setting their own menu prices.
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Law firm not entitled to summary judgment on complaint seeking payment

April 30, 2013
Jennifer Nelson
Finding that there are genuine issues of material fact as to whether an employee was acting on his own behalf or on behalf of his company when he sought a law firm’s services, the Indiana Court of Appeals ordered more proceedings on the firm’s complaint for payment.
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Humvee maker wins $277M

April 24, 2013
Dave Stafford
A defense subcontractor marked up kits, resulting in millions of dollars in armor overcharges.
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Mexican restaurant owner's $3 million bond reversed, remanded

April 8, 2013
Dave Stafford
The owner of a chain of Mexican restaurants in southeast Indiana charged with numerous crimes will have a lower bond after the Indiana Court of Appeals ruled a trial court abused its discretion in denying his motion to reduce his $3 million bond.
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Roche owes Marsh Supermarkets $18M for breaking sublease

April 1, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld judgment Monday in favor of Marsh Supermarkets LLC on its complaint alleging that Roche breached a contract to sublease space in the Fishers building that houses Marsh’s headquarters.
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Judge rules in favor of Caterpillar in tax deduction dispute

March 29, 2013
Jennifer Nelson
Indiana Tax Judge Martha Wentworth granted summary judgment to Caterpillar Inc. Thursday, finding the company’s foreign source dividends are deductible in calculating its state net operating losses available for carryover as a deduction from taxable income in future years.
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Durham, other guarantors must post collateral on bond

March 19, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals ruled Tuesday that Tim Durham and two other men who promised to indemnify and post collateral on a surety bond issued by Frontier Insurance Co. must post collateral on that bond.
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Gerdt Furniture owners embroiled in $4M court fight

March 14, 2013
Scott Olson
A 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.
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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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