Articles

Securities law conference Oct. 18

The Indiana Continuing Legal Education Forum will host a conference on securities law from 8:30 a.m. to 4:30 p.m. Oct. 18 at the ICLEF Conference Facility, 230 E. Ohio St., 5th floor, Indianapolis.

Read More

Tax Court rules in brewery’s favor

Ruling on an issue that previously has come before the Indiana Tax Court, Senior Judge Thomas Fisher has upheld that sales to Indiana customers who hired common carriers to pick up alcohol at an Ohio facility shouldn’t have been included in the sales factor of Miller Brewing Co.’s adjusted gross income tax and supplemental net income tax.

Read More

Federal appeals court examines disputed telephone charges

Writing for a unanimous 7th Circuit Court of Appeals panel, U.S. Judge David Hamilton authored an opinion Tuesday full of what he calls “telephonese.” The opinion delves into a small business’s disputed phone bill charges and how those matters are governed by state and common law.

Read More

COA turns to dictionary in contract dispute

Citing Black’s Law Dictionary’s definitions of “solicit” and “induce,” the Indiana Court of Appeals has affirmed a trial court’s finding that a software company did not violate terms of its contract with another business.

Read More

Corporate lawyer leads litigation arm for Indiana-based WellPoint

When a business professor nudged Ray Umstead to consider law school three decades ago, the Ohio native never thought he’d end up working for an Indianapolis-based health insurance company that has earned the designation of having one of the best legal departments in the country.

Read More

Ethics commission fines, bans attorney from state employment

The Indiana State Ethics Commission has found a former general counsel and chief administrative law judge for the Indiana Utility Regulatory Commission violated the law when he participated in decisions involving his future employer, Duke, while still with the IURC.

Read More

COA rules on unjust enrichment issue for first time

For the first time, the Indiana Court of Appeals addressed an issue involving express contracts and equitable remedies and decided that the existence of a contract, in and of itself, doesn’t preclude equitable relief which isn’t inconsistent with the contract.

Read More

COA divided on noncompete agreement, injunction

Even though Indiana courts strongly disfavor noncompete clauses in employment contracts as restraints of trade, the majority of Indiana Court of Appeals judges affirmed the grant of a preliminary injunction against a Porter County man. They found the company had a legitimately protectable interest in the man’s knowledge of its customers and market.

Read More

Justices reaffirm uniform-contract interpreation approach

The Indiana Supreme Court has reaffirmed the state’s reliance on the uniform-contract interpretation approach rather than a site-specific approach for deciding which of several states’ laws should apply to an environmental remediation insurance coverage case.

Read More

Judges: disparagement provision not violated

The 7th Circuit Court of Appeals twice declined to certify questions to the Indiana Supreme Court a litigant raised in his appeal of a suit involving alleged violations of a non-disparagement clause in a settlement agreement.

Read More

SCOTUS mulling the future of class-action suits

Defense and plaintiffs attorneys alike have their eyes on the Supreme Court of the United States, which has before it a case that some say could spell the end to class-action lawsuits in the name of contractual arbitration.

Read More

Justices address economic loss rule in 2 opinions

In two separate rulings involving the “economic loss rule,” the Indiana Supreme Court ruled against a library
seeking to hold subcontractors and an engineer responsible for negligence, and in favor of a bank in its tort claim against
a title company.

Read More