Holiday World family takes dispute to Court of Appeals
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.
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7th Circuit: New indemnity provision does not release employer from liability
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after the 7th Circuit Court of Appeals was unconvinced by the employer’s argument that language in a later contract superseded that of an earlier contract.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
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
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
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
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
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
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
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
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
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
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
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
A defense subcontractor marked up kits, resulting in millions of dollars in armor overcharges.
Mexican restaurant owner’s $3 million bond reversed, remanded
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
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
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
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.
Gerdt Furniture owners embroiled in $4M court fight
A family dispute involving the owners of Gerdt Furniture & Interiors Inc. has led to a lawsuit accusing them of owing nearly $4 million in unpaid rent and loans.
Lawyers worry about impact of court decision on premises liability
The fatal shooting of a guest in a Speedway motel by a former employee and the resulting civil litigation leaves the Indiana Supreme Court to decide whether arguments of common law or a 1980s statute governs the premises owner’s degree of liability. Trial and defense lawyers are paying keen attention.