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Judge: Indianapolis can’t use eminent domain for Waterside during legal fight with Ambrose

December 4, 2019 | Indianapolis Business Journal Staff and Mickey Shuey

The city of Indianapolis was told Wednesday by a judge that it can’t begin eminent domain proceedings on the former GM stamping plant site until its ongoing legal dispute with development firm Ambrose Property Group has been resolved.

Opinions Dec. 4, 2019

December 4, 2019

Indiana Court of Appeals
Joseph Hipps and Eugene Protz v. Biglari Holdings, Inc., Sardar Biglari, Philip L. Cooley, Ruth J. Person, Kenneth R. Cooper, James P. Mastrian, BH Merger Company, and NBHSA, Inc.
19A-CT-101
Civil tort. Affirms the Hamilton Superior Court’s grant of a motion to dismiss filed by Biglari Holdings, BH Merger Company, NBHSA Inc., Sardar Biglari and other members of the Biglari Holdings board of directors against. Finds the Hamilton Superior Court properly dismissed the shareholders’ complaint.

Dismissal upheld in Steak ‘n Shake parent shareholder dispute

December 4, 2019 | Katie Stancombe

The Indiana Court of Appeals has affirmed the grant of a motion to dismiss a lawsuit stemming from a shareholder dispute involving the parent company of Steak ‘n Shake.

Trespass conviction overturned for man banned from government building

December 4, 2019 | Olivia Covington

A trespassing conviction has been vacated for a man who was banned from the Evansville government complex, with the Indiana Court of Appeals addressing first-impression issues of whether outright bans from public buildings are permissible.

Tax Court finds assessment properly included land

December 4, 2019 | Marilyn Odendahl

A tenant leasing 31,000 square feet for the operation of five restaurants on the ground level of a parking garage owned by the city of Indianapolis found the Indiana Tax Court had no appetite for the argument that the lease included only the building and not the land underneath.

Vanderburgh Co. man loses appeal of sexual misconduct convictions, sentence

December 4, 2019 | Katie Stancombe

A southern Indiana man sentenced to 15 years after being convicted of sexual misconduct with two teenage girls failed to find relief at the Indiana Court of Appeals.

Phone sex operator wins partial victory on appeal

December 4, 2019 | Olivia Covington

A former phone sex operator who sued the government after she was allegedly fired from a National Guard volunteer position has won partial victory at the 7th Circuit Court of Appeals, which found that a book the woman wrote about her phone sex conversations was “clearly protected speech.”

Holcomb, labor officials insist Amazon death investigation handled properly

December 4, 2019 | Lindsey Erdody and Indianapolis Business Journal Staff

Indiana Gov. Eric Holcomb and the Indiana Department of Labor insist that the investigation into an Amazon employee’s death in 2017 was handled appropriately, even though the safety violations that were initially issued were eventually dismissed. Reveal, part of the not-for-profit Center for Investigative Reporting, recently highlighted the investigation as part of a report on […]

US seeks high court permission to resume federal executions

December 4, 2019 | Associated Press and IL Staff

The Trump administration asked the Supreme Court on Monday for permission to begin executing federal inmates as soon as next week. The Justice Department said in a filing late Monday that lower courts were wrong to put the executions on hold. 

House report: Trump misused power, obstructed Congress

December 4, 2019 | Associated Press

President Donald Trump seriously misused the power of his office for personal political gain by seeking foreign intervention in the American election process and obstructed Congress by stonewalling efforts to investigate, a House report released Tuesday  concluded in findings that form the basis for possible impeachment.

4 charged in slaying of man whose body was found in Lake Station lake

December 4, 2019 | Associated Press

A man has been charged with murder in the stabbing death of a man and three others were charged with helping take the body to a northwest Indiana lake and throwing it into the water.

Judge dismisses lawsuit in John Dillinger exhumation case

December 4, 2019 | Associated Press

A judge will hear an Indianapolis cemetery’s bid Wednesday to dismiss a lawsuit filed by a relative of 1930s gangster John Dillinger who wants to exhume Dillinger’s gravesite to determine if the notorious criminal is actually buried there.

Opinions Dec. 3, 2019

December 3, 2019

Indiana Supreme Court
Heraeus Medical, LLC, et al. v. Zimmer, Inc., et al.
19S-PL-471
Civil plenary. Vacates Section 1(e) of the Kosciusko Superior Court’s preliminary injunction order enjoining Robert Kolbe from recruiting Zimmer Inc. employees, as prohibited by a nonsolicitation covenant in Kolbe’s noncompetition agreement with Zimmer. Finds the Kolbe agreement’s unenforceable covenant not to solicit Zimmer employees cannot be reformed and that parties to noncompetition agreements cannot use a reformation clause to contract around Indiana’s blue pencil doctrine. Remands.

Barnes grows IP practice, expands into 3 new markets

December 3, 2019 | Marilyn Odendahl

Barnes & Thornburg, the largest law firm in the Indianapolis area, has completed a lateral hire that is bringing 17 legal professionals into its life sciences patent group and expanding its operations into three new markets.

Justices vacate preliminary injunction in nonsolicitation dispute

December 3, 2019 | Katie Stancombe

The Indiana Supreme Court has vacated a preliminary injunction prohibiting a medical sales representative from recruiting employees away from his former employer, finding a nonsolicitation agreement he had previously signed with the company cannot be reformed.

Gary gun lawsuit to continue after transfer denial

December 3, 2019 | IL Staff

A long-running firearms lawsuit in the city of Gary will continue after the Indiana Supreme Court declined to revisit a Court of Appeals’ ruling that reinstated the litigation. But not all justices agreed with the transfer decision.

Jury awards million-dollar verdict in egg dispute

December 3, 2019 | Marilyn Odendahl

An Evansville-based egg buyer suffered a $1.46 million jury verdict in late November over a broken agreement to buy more than 100 million eggs, but a piece of the fight involving egg packing materials will continue Tuesday before the 7th Circuit Court of Appeals.

Roberts seems to hold key to case over New York City gun law

December 3, 2019 | Associated Press

Chief Justice John Roberts appeared Monday to be the key vote in whether the Supreme Court considers expanding gun rights or sidesteps its first case on the issue in nearly 10 years.

Madison Co. child welfare worker charged with neglect

December 3, 2019 | Associated Press

A caseworker for Indiana’s child welfare agency faces criminal charges stemming from the alleged neglect of a 4-year-old boy under his supervision. An arrest warrant was issued Monday for 26-year-old Spencer Day Osborn after prosecutors charged him with four felony counts of neglect of a dependent resulting in serious bodily injury on the recommendation of a Madison County grand jury.

Fort Wayne woman charged after 5-month-old son’s death

December 3, 2019 | Associated Press

A Fort Wayne woman whose 5-month-old son died after she brought him to a hospital with bruising and head trauma has been charged with neglect of a dependent. The child was pronounced dead at Parkview Randallia Hospital minutes after Jasmine M. Johnson brought him to the emergency room.

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In This Issue

  • NCAA uses full-court press to protect branded phrases like ‘March Madness’

  • Conversations signal rising awareness of secondary trauma in legal profession

  • Former Jefferson County doctor, Norton Health facing medical negligence suit

Most Read
  • 13 attorneys general sue Evansville-based OneMain over hidden loan add-ons

  • Marion County judicial selection committee finds judge ‘not suitable’ for retention

  • Ripley Co. teen sentenced to 100 years for killing 2 siblings

  • Indiana’s controversial immigration bill is now law — and it may be used against IPS

  • Anonymous donors give each 2026 IU Maurer grad $10K

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