Articles

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.

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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.

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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.

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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.

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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.

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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.

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Company can’t prevail in appeal on claims of collusion

The 7th Circuit Court of Appeals affirmed the confirmation of a sale of an ethanol plant in South Bend to a joint venture, rejecting a nonbidder’s claim that the establishment of the joint venture amounted to collusion that spoiled the auction.

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