Summary judgment inappropriate in light of pending discovery
Noting a pending discovery may still turn up answers, the Indiana Court of Appeals overturned a summary judgment and allowed a feud between former business partners to continue.
Business Law
Articles
Judges affirm Indiana retailer owes Levi’s $315,000 after violating policies
An Indiana company that operates a website selling jeans must pay Levi Strauss North America more than $315,000 after the company violated Levi’s Internet policies for distributors.
Simon CEO’s bonus reversal still triggers investor suit
Seeking to avoid investor litigation, Simon Property Group Inc. earlier this year eliminated a $120 million stock award to Chief Executive Officer David Simon in favor of a performance-based bonus. Now the company and its directors have been sued anyway.
Attorney wins summary judgment appeal
An Indianapolis attorney ensnared in a dispute between a land developer and a creditor was successful at convincing the Indiana Court of Appeals he is identical to the other defendants and should be granted summary judgment.
Omitted information in notice does not bar entry of summary judgment
Failure in a notice of dissolution to describe information that must be included in a claim filed against the company does not make the notice invalid, the Indiana Court of Appeals ruled Thursday. Since the notice was valid, a convenience store owner’s lawsuit is time-barred.
Court must hold hearing on injunction involving medical practice
A trial court’s assessment of the public interest regarding whether a doctor is prohibited under a noncompete agreement to practice within 25 miles of his former office in Rensselaer was contrary to law, the Indiana Court of Appeals held Wednesday. The judges reversed the denial of a motion for a preliminary injunction preventing the doctor from opening a new practice next door to his previous one.
Beer distributor Monarch stepping up booze push
In a campaign to enter the hard liquor business, Monarch Beverage Co. is pursuing a new tactic that takes aim at state regulators.
Justices order in camera review of report to determine if material is privileged
The Indiana Supreme Court tackled two issues of first impression Wednesday in a dispute involving a family business and claims the company president caused a significant decrease in shareholder value.
Steak n Shake can’t force arbitration with disgruntled franchisees
The 7th Circuit Court of Appeals on Friday affirmed that Steak n Shake Enterprises Inc. cannot compel several of its franchisees to engage in nonbinding arbitration regarding claims brought by the franchisees in federal court. Steak n Shake tried to force arbitration after the restaurants already sued over the requirement all restaurants must adhere to company pricing and promotions.
Interest rate charged by bank upheld by Court of Appeals
The Indiana Court of Appeals relied on a similar case out of Ohio to find that a bank did not exceed the agreed-upon interest rate of commercial borrowers by applying a 365/360 interest calculation method as some borrowers claimed in a class action.
Ex-HHGregg manager’s lawsuit grows into class-action
A lawsuit brought by a former HHGregg Inc. manager charging that the company failed to pay incentive bonuses has been granted class-action status by a Marion Superior Court judge.
Car dealer responsible for buyer’s unauthorized purchases at auction
After finding that a trial court did not err in reinstating an action after initially dismissing it with prejudice, the Indiana Court of Appeals affirmed summary judgment in favor of Automotive Finance Corp. on its action seeking repayment of loans made to purchase cars.
SCOTUS rules public union can’t make nonmembers pay fees
The Supreme Court dealt a blow to public sector unions Monday, ruling that thousands of home health care workers in Illinois cannot be required to pay fees that help cover the union's costs of collective bargaining.
Justices: Some employers don’t have to cover birth control
The Supreme Court ruled Monday that some corporations can hold religious objections that allow them to opt out of the new health law requirement that they cover contraceptives for women.
Dealership did not abide by contract terms, COA rules
Citing the terms spelled out in the contract, the Indiana Court of Appeals has ruled that a car dealer that entrusted a buyer with mailing a title to the lender will have to pay the balance of the auto loan.
COA rules against former Junior Achievement boss in defamation suit
The Indiana Court of Appeals affirmed that a central Indiana organization and its president did not defame the former president of Junior Achievement of Central Indiana or tortiously interfere with a business relationship.
COA finds Yellow Book ad contract induced by fraud
A heating and cooling company does not owe Yellow Book for a contract it tried to break after finding the publication didn’t change the terms of the contract as promised, the Indiana Court of Appeals held. But, the heating and cooling company is on the hook for two other contracts it had that it failed to fully pay.
Lilly to appeal $450M ruling over poisoned workers in Brazil
Eli Lilly and Co. plans to appeal a ruling from a judge in Brazil that fined the pharmaceutical giant and an Italian firm $450 million for poisoning workers at a manufacturing plant in the South American country.
Court finds man abandoned shareholder derivative claim
Because a man “expressly and unambiguously” abandoned his shareholder derivative claim when responding to a court demand to specify his legal claims, he cannot now assert that claim on appeal, the Indiana Court of Appeals ruled.
IU McKinney team in Vienna for moot competition
For the second year in a row, a group of students from Indiana University Robert H. McKinney School of law is competing in a prestigious international business law competition in Vienna, Austria.