Litigation
By: Christopher W. Bloomer
on June 7, 2022
Many material suppliers are keenly aware of Indiana’s longstanding supplier-to-supplier mechanic’s lien prohibition. Essentially, the prohibition went as follows: supplier 1 provides materials to supplier 2. Supplier 2 sells the materials to a subcontractor, the general contractor, or perhaps the…
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By: Christopher W. Bloomer and Robert S. Schein
on August 9, 2021
Pursuant to its $1 million + contract with Sullivan Corporation (“Sullivan”), Rabco Enterprises, LLC (“Rabco”) agreed to provide labor and materials for a self-storage project in Noblesville, Indiana (the “Project”).
In 2019, Sullivan filed a breach of contract action against Rabco in Hamilton…
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By: Elizabeth M. Roberson and Matthew C. Branic
on July 27, 2021
The “new normal” brought on by the COVID-19 pandemic has ushered in the era of virtual meeting technology and other connective platforms as substitutes for in-person communication. Platforms such as Zoom, Microsoft Teams, Skype, Webex, Google Hangouts, and GoToMeeting have become mainstays in the…
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By: Micah J. Nichols and William J. Barkimer
on May 26, 2021
Recently, the Indiana Court of Appeals issued an opinion that offers some guidance on how to properly change a joint account with rights of survivorship while living.
In Solomon v. Lindsey, 163 N.E.3d 302 (Ind. Ct. App. 2020), Paul Martin (“Martin”) opened an account with Rydex Series Trust. On the…
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April 23, 2021
Indiana Governor Holcomb signed Senate Enrolled Act 370 into law yesterday, providing a clear restatement of the statute of limitations to be applied for purposes of resolving disputes regarding deposit accounts. As we have written extensively over the past two years, Indiana’s banks and credit…
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By: Scott S. Morrisson, Brett J. Ashton, and Blake P. Holler
on April 7, 2021
The TCPA Issue
There has been a significant amount of litigation over the past few years regarding the Telephone Consumer Protection Act (“TCPA”) on the issue of whether banks or credit unions are violating the TCPA when they call their customers using certain automatic telephone…
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By: Robert A. Anderson and Marc T. Quigley
on February 10, 2021
Athenahealth, Inc. (“Athena”), an electronic health records (“EHR”) vendor, recently paid $18.25 million to settle allegations that it violated the False Claims Act by using extravagant gifts to persuade prospects to buy its electronic medical record system. In its Complaint, the government did not…
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By: Robert A. Greising and Virginia A. Talley
on February 2, 2021
On January 28, 2021, the Indiana Supreme Court affirmed freedom of contract principles and upheld discounts of over thirty percent in the fair market valuation of shares in a dispute over the buyback provision in a shareholder agreement among all of the shareholders of a closely held company. In …
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