Justices reverse, remand for new trial in theft case
Indiana Supreme Court justices on Friday reversed a $350,000 verdict and attorney fee award for a Monroe County woman, remanding the case for a new trial on her theft claims.
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COA reversal awards Carmel pizzeria owner $197K, potential treble damages
A panel of the Indiana Court of Appeals has reversed a judgment against a Hamilton County pizzeria company’s owner after finding the trial court erred in concluding that he failed to establish money damages for his partners’ acts of forgery and counterfeiting related to the business, among other things, awarding more than $197,000 in damages and over $21,000 in legal fees.
Justices grant transfer in one case, decline 21 others
Indiana Supreme Court justices declined to hear 21 cases of out 22 petitions for transfer last week, agreeing to hear just one case concerning a man’s lookalike drug-related conviction in a search and seizure dispute.
High court takes on Fannie, Freddie presidential power case
The Supreme Court of the United States wrestled Wednesday with a case that could make it easier for the president to fire the head of the agency that oversees government-controlled mortgage giants Fannie Mae and Freddie Mac.
COA remands breach suit to Indiana court in dispute with Florida business
A breach of contract dispute between a company based in Indiana and one based in Florida will continue in Indiana trial court after the Indiana Court of Appeals reversed a dismissal order that was based on a too-narrow reading of a statute.
Indiana commercial courts expanding to 4 more counties
The Indiana judiciary is expanding its roster of commercial courts, adding four more counties to the program that started in 2016. The Indiana Supreme Court announced the new venues handling the specialized dockets Monday.
7th Circuit again rules for buyer in long-running rubber-supply litigation
A dispute between a carbon buyer and seller has once again resolved in the buyer’s favor, with the 7th Circuit Court of Appeals finding the buyer was entitled to terminate a contract based on the seller’s breach.
Ruling barring Abercrombie & Fitch from closing Simon stores upheld
The Indiana Court of Appeals has affirmed a preliminary injunction for Simon Property Group that prevented retail-clothing store Abercrombie & Fitch from permanently closing stores in dozens of Simon malls.
COA affirms for property opener who canceled storm repair contract
The Indiana Court of Appeals has affirmed in an interlocutory appeal a Boone County property owner’s cancelation of an agreement with a contractor, finding that his cancelation was timely under the replacement cure contract.
Supreme Court allows antitrust suit against NFL to proceed
The United States Supreme Court said Monday an antitrust challenge can go forward to the way the National Football League sells the rights to telecasts of pro football games.
COA partly revives injured woman’s claims against chiropractic clinic
The Indiana Court of Appeals has affirmed in part, reversed in part and remanded entry of summary judgment in favor of an Indianapolis chiropractic clinic in a case brought by a woman injured in a car accident.
Justices vacate ruling for insurer in fatal UIM recovery case
Indiana Supreme Court justices have vacated a ruling in favor of a deceased woman’s parents’ insurance company, concluding that her estate is entitled to summary judgment on whether she was considered an insured person under her parent’s coverage.
Buyers, sellers of medical device company win partial victories at COA
The Indiana Court of Appeals has affirmed the primary award of attorney fees and costs to the sellers of a medical equipment company after it fell into a dispute with its buyers. However, the appeals court reversed the award of treble damages and remanded for a recalculation of the sellers’ damages.
Indianapolis imposes penalties on vendors that don’t meet minority-contracting goals
The Indianapolis City-County Council on Monday approved a measure that gives teeth to the city’s minority-contracting program.
COA rules for IPS in advanced math class payment dispute
Two parents who argue that Indianapolis Public Schools should have paid for their teen son’s college math class while he was in high school could not convince the Indiana Court of Appeals to rule in their favor in a Wednesday decision.
COA rules for general contractor in injured worker’s dispute
A general contractor does not owe a duty of care to a construction worker injured on the job, the Indiana Court of Appeals ruled in a Monday interlocutory appeal, reversing a grant of summary judgment to the worker as to that issue.
IndyBar: Fiduciary Duties — More than Just the Golden Rule
The unique financial problems occasioned by COVID-19 and the lockdown responses of federal, state and municipal governments draw into sharp focus the fiduciary duties of directors and officers when addressing economic distress for their entities.
IndyBar: In the Age of COVID-19, the Force Majeure Clause Takes Center Stage
Recently, in the case of In re Hitz Restaurant Group (2020 Bankr. LEXIS 1470 (N.D. Ill. June 2, 2020)), the United States Bankruptcy Court for the Northern District of Illinois-Eastern Division held that a force majeure clause in a lease excused a restaurant tenant from its obligation to pay a portion of post-petition rent.
Indianapolis, Fishers, 2 other cities sue Netflix, Hulu, others seeking franchise fees
Indianapolis and three other Indiana cities are suing video streaming services, including Netflix and Hulu, seeking to require them to pay the same franchise fees to local governments that cable companies must pay. The suit also names DirectTV and Dish satellite television providers.
Split COA reverses state ruling against 3 teacher union contracts
A divided appellate panel Wednesday overturned the Indiana Education Employment Relations Board’s final decisions that three contracts negotiated and ratified by Indiana teachers unions and their respective school employers did not comply with state law.