Ruling: Simon must face anti-trust suit from competitor
Indianapolis-based Simon Property Group must face an anti-trust lawsuit from a competitor that developed a northern Indiana shopping center near a Simon mall, a federal judge has ruled.
Real Estate/Construction
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COA: Attorneys can rely upon representations of other attorneys
The Indiana Court of Appeals reaffirmed a two-decades-old Indiana Supreme Court ruling, saying attorneys are entitled to rely upon the representations of other attorneys when it ruled on a case where a company was charged a higher price for a piece of property than it should have been because of the price the property’s attorney gave to the company.
7th Circuit: Developer’s appeal is frivolous
The 7th Circuit Court of Appeals ruled a man’s claim that the National Bank of Indianapolis covered up unauthorized transfers is frivolous and said the bank can pursue sanctions against the man because of it.
Apartment residents sue over broken elevator
The owners of an apartment complex who took nearly two months to repair a broken elevator, leaving residents with disabilities essentially stranded in their apartments, have been sued over the summer 2015 incident.
Appeals court clarifies home improvement contract ruling
The Indiana Court of Appeals granted a homeowner’s request for rehearing, but reaffirmed that he is not entitled to summary judgment over the installation of a pool in an allegedly incorrect location.
Indiana AG sues 3 companies in alleged tax-sale scheme
Indiana is suing three out-of-state companies for allegedly orchestrating a scheme that bilked dozens of state residents out of millions of dollars after their homes were sold in tax sales.
Court affirms in part lien priority ruling
A trial court correctly concluded that a living trust, which held a purchase-money mortgage over a property in question, had first priority in enforcing a lien against the property, the Court of Appeals ruled Tuesday.
Appeals court hears injured worker’s bid for lost earnings
An attorney for a Mexican man who's seeking lost future earnings for a workplace back injury told the Indiana Court of Appeals on Wednesday that his client should be allowed to pursue those wages at U.S. pay rates instead of rates in his home country.
Marion County residents mount court challenge to stop project
Three Ransom Place residents in Indianapolis are challenging the city’s approval of a large residential project planned for the neighborhood and are asking a Marion County judge to stop the $10 million development.
Complex legal efforts part of groundwork for 2 new bridges across Ohio River
Hoosier attorneys and their Kentucky colleagues had to find ways to write agreements to bring four state highway and financing agencies together to cooperate across state lines in a manner that complied with their own statutes.
More proceedings necessary in mortgage foreclosure action
Because there are genuine issues of material fact as to the fair market value of a property at the time of sale and the true amount of indebtedness on a promissory note, a trial court erred in granting summary judgment in favor a bank on its foreclosure action, the Indiana Court of Appeals ruled Friday.
Indianapolis real-estate developer pleads guilty to fraud
An Indianapolis real-estate developer has pleaded guilty to theft and fraud charges involving $340,000.
Johnson gets 5-year sentence in Indy Land Bank case
David Johnson, who was found guilty of wire fraud and money laundering as part of the Indy Land Bank scandal, was sentenced to more than five years in federal prison Friday by U.S. District Judge William T. Lawrence.
COA: property conveyed with a restrictive covenant
The Indiana Court of Appeals Friday had to determine whether the conveyance of a school for park and recreational use was done so by a restrictive covenant or a fee simple with condition subsequent.
Downtown condo association again files suit for building damage
The homeowners association for a downtown Indianapolis condominium complex again is suing the owner and builder after a new round of problems caused about $6 million in damage to the structure.
Trump’s likening seminars to Wharton may send him to trial
Donald Trump moved closer to a jury trial over allegations he misled Trump University students with promises that seminars as good as the Wharton business school would be taught by his “handpicked” instructors.
Falcon: Are no-damage-for-delay clauses enforceable?
When the enforceability of a no-damage-for-delay clause is litigated in Indiana, practitioners commonly rely on the treatment of certain exceptions in other jurisdictions, while conceding that Indiana’s courts have not definitively weighed in. But is that position entirely accurate?
Reddick and Law: TIF financing and public-private partnerships on the rise
As the state of Indiana continues to search for new and innovative ways to recruit businesses to the area and create more jobs, the use of creative financing incentives such as tax increment financing and public-private partnerships, or P3s, has continued to be essential to development.
Sweeping changes in HOA laws aim for dispute resolution and transparency
Condo conflicts and HOA hostilities can often result in lawsuits and sometimes incredulous headlines. Lawyers have seen disputes arise over everything from where bikes can be stored to whether a condo owner could install hardwood floors.
Southern Indiana companies sue New Albany over road changes
Eight companies are suing New Albany, alleging that changes made last year to a major thoroughfare in the southern Indiana city have made the road narrow and unsafe.