Dealership gets court to dismiss claims made by Volvo
A federal judge in Indianapolis has ruled in favor of Andy Mohr Truck Center in two lawsuits stemming from a broken business relationship between the dealer and Volvo Trucks North America.
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Justices tackle home foreclosure issue involving MERS
Indiana Justice Mark Massa, writing for the court Thursday, delved into the history of the Mortgage Electronic Registration Systems Inc. and its role in today’s mortgage industry in a case involving a foreclosed home in Madison County.
Behind the News: ’80s anti-takeover law helped sow Emmis win in court
Emmis Communications Corp.’s tactics as it plotted to strip preferred shareholders of their rights were “admittedly unusual,” Judge Sarah Evans Barker acknowledged in her Aug. 31 ruling that let the company go forward with a shareholder vote a few days later that did just that.
Remedy is not easy in securities fraud cases
Plaintiffs must meet a high standard after filing complaint to get to the discovery stage.
Businesses alleging financial loss against insurer lose before 7th Circuit
The 7th Circuit Court of Appeals ruled against a group of businesses that sued an insurance company claiming its failure to adequately pay G&S Metal Consultants Inc. following an explosion at the GSMC Georgia plant led to the plaintiffs suffering financial losses.
Criminal charges from airsoft gun sale may continue in Indiana
Charges of theft, counterfeiting and corrupt business influence against Houston-based defendants as a result of the sale of airsoft guns in Indiana can proceed in this state, the Supreme Court ruled Thursday.
Indiana pension fund attorneys to serve as lead co-counsel in Wal-Mart bribery suit
The Indiana Electrical Workers Pension Trust Fund has been named as co-lead plaintiff in a lawsuit against the board of directors of retail giant Wal-Mart.>
Law firms pursue BP bad-gas class action
One Indiana firm has filed a class-action lawsuit against BP in the wake of the company's gasoline recall in northwest Indiana. Two other law firms are pursuing a possible class-action suit.
Steak ’n Shake loses appeal over franchisee’s independent pricing
A longtime Steak ’n Shake franchisee who sued the chain after it insisted on setting prices for menu items prevailed again Friday as the 7th Circuit Court of Appeals affirmed an Illinois federal court’s ruling in the franchisee’s favor.
Judges disagree over use of summary judgment to pierce corporate veil
One Court of Appeals judge believed the “only reasonable inference” that could be drawn from the evidence in a collections case is that a former company was a “sham corporation,” so the trial court properly pierced the corporate veil on summary judgment.
State moves forward with IBM appeal
Attorneys for the state of Indiana have begun the formal appeal process after a Marion County court in July awarded a $52 million judgment to IBM over cancellation of the company’s contract to privatize social service claims processing.
Tax judge declines to require attorneys represent LLCs in court
The Indiana Department of State Revenue asked the Indiana Tax Court to create a rule requiring limited liability companies be represented by attorneys in court, similar to a rule pertaining to corporations, but Judge Martha Wentworth declined to “invent such a rule where one does not currently exist.”
7th Circuit rules in favor of attorneys in failed business investment
A group of investors suing attorneys who worked on the establishment of two business entities – which later failed – were unable to show the 7th Circuit Court of Appeals that the attorneys owed the investors any legal duty.
Appeals court sends dissolution lawsuit back to trial court
The dissolution of a family-owned limited partnership was remanded to a Lake County court Tuesday after the Indiana Court of Appeals ruled that the trial court erred in allowing some of the partners to pursue a derivative action.
Trial court erred in finding provision was liquidated damages clause
A forfeiture provision in a purchase agreement between the Dean V. Kruse Foundation and Jerry Gates, the buyer of West Baden property, did not constitute a liquidated damages clause as the trial court ruled, the Indiana Court of Appeals held Tuesday. The judges ruled that the Kruse parties are entitled to more damages as a result of Gates’ breach of contract.
7th Circuit upholds ruling in favor of borrowers
A dispute between a lender and subsidiaries created by a restaurant owner to refinance its debt made its way before the 7th Circuit Court of Appeals for the second time. This time, the judges ruled in favor of the borrowers.
Ruling for IBM likely first act in legal epic
A ruling that ordered the state to pay more than $52 million to IBM due to cancellation of its contract to privatize social service claims processing certainly will have a second, and most likely a third, act.
Regulations are few, but food trucks do have laws and codes to meet
Take a food truck to Chicago and you may be required to attach a GPS tracking device to it. Park a food truck in Indianapolis and enjoy being able to do business in an environment of few regulations.
New suit alleges NCAA monopoly, seeks class action
A new federal lawsuit has been filed alleging that the Indianapolis-based NCAA constitutes an illegal college sports monopoly.
State must pay $52M over terminated welfare contract
Marion Superior Judge David Dreyer has ordered the state to pay IBM an additional $12 million in early termination closeout payments and for equipment it retained after canceling a contract with IBM to implement a modernized welfare system. The judge previously ruled in January that the state was on the hook for $40 million in subcontractor assignment fees for terminating the contract.