Business Law - The Indiana Lawyer

Business agreements provide roadmap for changes in family-run enterprises

September 10, 2013

Integrate family into small business ownership and the potential for rivalry, high emotions and different agendas increases, especially as the business is passed from one generation to the next. The dispute rocking the Holiday World & Splashin’ Safari theme park in southwest Indiana shows what can happen when a family fights over a business but, attorneys say, it is an extreme and uncommon situation. Usually members of a family or multiple shareholders in a closely held company work through their dispute outside the courtroom.

Heavily redacted report cannot hide behind business-judgment rule

September 3, 2013

Although a report produced by a special litigation committee contains privileged information, the plaintiffs must be allowed full access to the unredacted version in order to determine if the investigation was extensive and conduced in good faith.

Holiday World family takes dispute to Court of Appeals

August 6, 2013

An agreement meant to keep a popular amusement park in the family has sparked a bitter dispute that has reached the Indiana Court of Appeals.

7th Circuit: New indemnity provision does not release employer from liability

July 30, 2013

An employer will have to pay $4.23 million after the 7th Circuit Court of Appeals was unconvinced by the employer’s argument that language in a later contract superseded that of an earlier contract.

Appeals court orders more proceedings in pulley lawsuit

July 23, 2013

Finding the trial court shouldn’t have granted summary judgment in favor of a distributor on a buyer’s claim of breach of implied warranty of merchantability regarding pulleys provided by the distributor, the Indiana Court of Appeals remanded to the trial court to take another look at the issue.

Lilly, Simon lawyers make best-paid general counsel list

July 23, 2013

Attorneys for two Indianapolis-based Fortune 500 companies are among the 50 best-paid general counsel, according to a list published Monday by Corporate Counsel Magazine.

COA affirms dissolution of corporation embroiled in family dispute

July 17, 2013

A company owned by two brothers – one disabled and one terminally ill – was properly dissolved by the trial court over the disabled brother’s objections, the Indiana Court of Appeals held.

7th Circuit rejects ‘kitchen sink approach’ in widow’s insurance appeal

July 8, 2013

A woman whose husband died of cancer as their purchase of several Terre Haute-based car dealerships was failing is not entitled to proceeds of his life insurance policy – a policy that had been assigned as an asset in the sale of the lots – the 7th Circuit Court of Appeals ruled Monday.

State responds to complaint over cold beer sales

July 8, 2013

The Office of the Indiana Attorney General has filed an answer to a lawsuit challenging the state’s laws and regulations that keep gas stations and grocery stores from selling cold beer.

Tax Court rejects company’s claim it was a passive investor

June 19, 2013

A mobile telecommunications group was unable to convince the Indiana Tax Court Tuesday that it was entitled to summary judgment on the issue of whether it should have received a refund for paid adjusted gross income tax.

Changing times change mergers and acquisitions practice

June 18, 2013

In the manufacturing hub of Elkhart, attorney Mike Pianowski has noticed the mergers and acquisitions market rebounding.

Justices vacate transfer in third appeal of Fort Wayne foreclosure case

June 7, 2013

The Indiana Supreme Court decided this week that it won’t take the third appeal in the case involving a Fort Wayne restaurant operator sued by former mortgagors.

Convenience stores sue to be able to sell cold beer

May 14, 2013

The Indiana Petroleum Marketers and Convenience Store Association has filed a complaint in federal court challenging the law governing the sale of cold beer. Convenience stores, pharmacies and groceries are unable to sell cold beer under current law.

More franchisees join revolt over Steak n Shake menu pricing

May 1, 2013

More Steak n Shake franchisees are revolting over the company’s policy that prohibits restaurants in the chain from setting their own menu prices.

Law firm not entitled to summary judgment on complaint seeking payment

April 30, 2013

Finding that there are genuine issues of material fact as to whether an employee was acting on his own behalf or on behalf of his company when he sought a law firm’s services, the Indiana Court of Appeals ordered more proceedings on the firm’s complaint for payment.

Humvee maker wins $277M

April 23, 2013

A defense subcontractor marked up kits, resulting in millions of dollars in armor overcharges.

Mexican restaurant owner’s $3 million bond reversed, remanded

April 8, 2013

The owner of a chain of Mexican restaurants in southeast Indiana charged with numerous crimes will have a lower bond after the Indiana Court of Appeals ruled a trial court abused its discretion in denying his motion to reduce his $3 million bond.

Roche owes Marsh Supermarkets $18M for breaking sublease

April 1, 2013

The Indiana Court of Appeals upheld judgment Monday in favor of Marsh Supermarkets LLC on its complaint alleging that Roche breached a contract to sublease space in the Fishers building that houses Marsh’s headquarters.

Judge rules in favor of Caterpillar in tax deduction dispute

March 29, 2013

Indiana Tax Judge Martha Wentworth granted summary judgment to Caterpillar Inc. Thursday, finding the company’s foreign source dividends are deductible in calculating its state net operating losses available for carryover as a deduction from taxable income in future years.

Durham, other guarantors must post collateral on bond

March 19, 2013

The 7th Circuit Court of Appeals ruled Tuesday that Tim Durham and two other men who promised to indemnify and post collateral on a surety bond issued by Frontier Insurance Co. must post collateral on that bond.

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