New Notre Dame research effort boosts private law program
Notre Dame Law School students interested in the area of private law now have a chance to further their studies with assistance from a research program introduced last week.
Business Law
Articles
COA rules in Circle Centre escalator injury discovery dispute
The Indiana Court of Appeals affirmed in part, reversed in part and remanded a discovery case after it found that all but one document in dispute were either protected or non-discoverable under the work-product doctrine and attorney client privileges.
Justices skeptical of argument to overturn Va. mining ban
The Supreme Court seemed skeptical of arguments by companies seeking to overturn a decades-old ban on uranium mining in Virginia. The commonwealth has had a ban on uranium mining since the 1980s.
Construction attorneys say contract disputes remain most common
Of all of the things that can go wrong during a construction project, a contractual dispute is the most likely problem. A recent report found that such disputes take, on average, 18 months to resolve — an increase over 2016.
Store owner fined $45K for contempt, perjury, witness tampering
The Indiana Tax Court dismissed a case and ordered sanctions when it found a store owner committed perjury and witness tampering by attempting to influence his employees’ testimony in an investigation against him.
Fired, arrested Walmart worker loses appeal
The Indiana Court of Appeals affirmed the grant of summary judgment for Walmart when it found a former employee at its Greencastle store who was fired and arrested for theft after buying deeply discounted tires could not support his claims against the retail giant.
California class action: Scooters a public nuisance, cause unrest
A class-action lawsuit filed in Los Angeles last week is taking aim at the rising prominence of pedestrian scooters across California, claiming the scooters’ manufacturers and distributers caused a public nuisance and civil unrest. The suit seeks to have two brands of scooters that also recently appeared on Indianapolis streets banned from the state.
Collection agency’s extensive delay waives arbitration right
The 7th Circuit Court of Appeals affirmed the denial of a collection agency’s delayed motion to compel arbitration when it found the agency had inadequate explanations for its delay and had waived any right to arbitrate.
COA sends houseboat dispute to arbitration
A dispute between the purchasers and supplier of a Daviess County houseboat must go to arbitration after an Indiana appellate panel determined a trial court ruling did not overrule an arbitration clause signed by both parties.
Judgment for lender upheld in race discrimination suit
The 7th Circuit Court of Appeals affirmed summary judgment for a lender after it found an African-American couple failed to prove they were denied a loan based on racial discrimination under the Equal Credit Opportunity Act.
Judgment affirmed for insurer uninformed of claims
A divided Indiana Court of Appeals affirmed the grant of summary judgment to an insurance company after a client waited more than a decade to notify it had made payments in several suits brought against it.
Splenda maker settles trademark lawsuit against IHOP, Applebee’s franchisor
The Carmel-based maker of Splenda sweetener has settled a legal dispute with the franchisor of International House of Pancakes and Applebee’s, which it sued last year for trademark infringement.
Lower Indiana workers’ compensation rates take effect Jan. 1
The Indiana Department of Insurance says lower workers’ compensation rates paid by businesses will take effect Jan. 1. The agency said Wednesday the recently approved reduction averages 7.6 percent and will save businesses about $63 million.
Rosio: Levels of business valuation and unique situations
Understanding the conclusions reached in a business valuation report requires a basic knowledge of the economic theory underpinning the generally accepted valuation approaches. Familiarity with the concept of levels of value will also aid in understanding the conclusions reached by a BV professional.
Uninsured motorist ruling for passenger crash victim reversed
A man who won a judgment that he was covered by his auto insurance’s uninsured motorist policy after a crash that left him a quadriplegic lost the ruling in his favor Wednesday. The Indiana Court of Appeals decision could cost him millions of dollars that a jury awarded in a separate trial.
COA upholds $78 million for state in IBM suit, awards IBM interest
The Indiana Court of Appeals has upheld a $78 million judgment in favor of the state and against IBM Corp. that was awarded as part of a long-running legal battle stemming from IBM’s breach of a contract to redesign the state’s welfare system in 2006. But the court also ordered the state to pay post-judgment interest to IBM on a $49.5 million damages award it previously received, overturning a lower court ruling on that issue.
Foreclosure, judgment for Kokomo property owners reversed
An Indiana trial court must recalculate the amount of damages that must be paid by a couple who defaulted on a real estate contract after an appellate panel determined the trial court erred in allowing for both a forfeiture and foreclosure remedy for the default.
Former Vigo County schools chief charged with bribery
A former western Indiana school chief faces three felony counts of bribery for allegedly accepting gifts from a vendor.
Reversal voids sale of properties by unauthorized agent
The Indiana Court of Appeals reversed a decision granting summary judgment in favor of two companies who purchased real estate in a sale that was voided after the seller was found to have no authority to sell it.
Lawsuits charge Rainbow Realty’s rent-to-buy contracts target the most vulnerable
A case before the Indiana Court of Appeals is at least the third pending suit involving Rainbow Realty and its rent-to-buy program. The Indiana Attorney General filed a complaint in Marion Superior Court in January 2013, and the Fair Housing Center of Central Indiana filed a class action in the U.S. District Court for the Southern District of Indiana in May 2017.