No malicious intent found in prosecution of debt suit
The Indiana Court of Appeals affirmed summary judgment for a heavy equipment company when it found there was no malicious prosecution of an Indiana quarry and its owner over a debt.
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Ruling for insurance producer in licensing case affirmed
A trial court order lifting a regulator’s nonrenewal of an insurance producer’s license stemming from his unauthorized use of funds from his homeowner’s association was affirmed by the Indiana Court of Appeals on Monday. The appellate panel agreed that the man’s actions in this case did not warrant such a severe sanction. Jeffrey A. Schumaker’s […]
Appeals panel upholds Charlestown water utility sale
A southern Indiana community’s sale of its water utility was affirmed Monday after a challenge by a nonprofit group opposed to the deal. The Indiana Court of Appeals let stand the sale of the City of Charlestown water utility to Greenwood-based Indiana-American Water Company, Inc.
Scotty’s Brewhouse founder sued over Carmel restaurant deal
Scotty’s Brewhouse founder Scott M. Wise, along with Indianapolis-based Scotty’s Holdings LLC and two Arizona-based parties, are facing a lawsuit from a former business partner of Wise’s who claims he was defrauded out of his $300,000 investment in the restaurant chain.
Rent-to-own lawsuits rise in federal, state courts
Katrina Carter and Quentin Lintner are continuing to fight for their piece of the American dream even after the Indiana Court of Appeals closed the door on their attempt to get restitution from the company that put them in an uninhabitable home under a rent-to-own contract. They are not alone in litigation arising from such arrangements.
Default judgment for buyers reversed in suit against car dealer
The Indiana Court of Appeals reversed a trial court’s denial of a car dealership’s motion to set aside a default judgment for two customers when it found a dealership employee was given incorrect information about his need for representation during a hearing.
7th Circuit: Two years too late for manufacturer’s damages claim
The 7th Circuit Court of Appeals affirmed dismissal of a manufacturer’s damages suit against a barge company when it found the claims were brought after the parties’ four-month limitations provision.
Majority justices: RV dealer must pay taxes in ‘sham’ transactions
A northern Indiana recreational vehicle dealer who tried to avoid paying Indiana sales tax on out-of-state transactions by moving the RVs into Michigan before handing over the keys to customers must repay those taxes after a divided Indiana Supreme Court entered summary judgment in favor of the Indiana Department of Revenue.
7th Circuit: Fantasy sports right to publicity battle over
A civil suit brought by three former college football players against online fantasy-sports companies FanDuel and DraftKings has officially ended, the 7th Circuit Court of Appeals ruled Thursday.
Justices could allow suit over Apple iPhone app sales
The Supreme Court of the United States seemed ready Monday to allow an antitrust lawsuit to go forward that claims Apple has unfairly monopolized the market for the sale of iPhone apps.
Indiana lawmakers look to update ‘Do Not Call’ law
Indiana lawmakers are looking for new ways to address illegal and unwanted telephone calls as telemarketers use technological advances to skirt the state’s telemarketing law.
New Notre Dame research effort boosts private law program
Notre Dame Law School students interested in the area of private law now have a chance to further their studies with assistance from a research program introduced last week.
COA rules in Circle Centre escalator injury discovery dispute
The Indiana Court of Appeals affirmed in part, reversed in part and remanded a discovery case after it found that all but one document in dispute were either protected or non-discoverable under the work-product doctrine and attorney client privileges.
Justices skeptical of argument to overturn Va. mining ban
The Supreme Court seemed skeptical of arguments by companies seeking to overturn a decades-old ban on uranium mining in Virginia. The commonwealth has had a ban on uranium mining since the 1980s.
Construction attorneys say contract disputes remain most common
Of all of the things that can go wrong during a construction project, a contractual dispute is the most likely problem. A recent report found that such disputes take, on average, 18 months to resolve — an increase over 2016.
Store owner fined $45K for contempt, perjury, witness tampering
The Indiana Tax Court dismissed a case and ordered sanctions when it found a store owner committed perjury and witness tampering by attempting to influence his employees’ testimony in an investigation against him.
Fired, arrested Walmart worker loses appeal
The Indiana Court of Appeals affirmed the grant of summary judgment for Walmart when it found a former employee at its Greencastle store who was fired and arrested for theft after buying deeply discounted tires could not support his claims against the retail giant.
California class action: Scooters a public nuisance, cause unrest
A class-action lawsuit filed in Los Angeles last week is taking aim at the rising prominence of pedestrian scooters across California, claiming the scooters’ manufacturers and distributers caused a public nuisance and civil unrest. The suit seeks to have two brands of scooters that also recently appeared on Indianapolis streets banned from the state.
Collection agency’s extensive delay waives arbitration right
The 7th Circuit Court of Appeals affirmed the denial of a collection agency’s delayed motion to compel arbitration when it found the agency had inadequate explanations for its delay and had waived any right to arbitrate.
COA sends houseboat dispute to arbitration
A dispute between the purchasers and supplier of a Daviess County houseboat must go to arbitration after an Indiana appellate panel determined a trial court ruling did not overrule an arbitration clause signed by both parties.