Online Arguments
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Lawrence and Judy Lynn Gunkel v. Renovations, Inc.
Case Number: 76S03-0901-CV-19
Case Summary:
Plaintiffs allege construction defects caused water damage in their new house. The trial court denied plaintiffs' motion to amend their complaint, dismissed plaintiffs' negligence claims, and entered net judgment in favor of the defendant contractor. The Court of Appeals affirmed in part and reversed in part in an unpublished memorandum decision. See Gunkel v. Renovations, Inc., 76A03-0609-CV-407 (Ind. Ct. App. January 27, 2008), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
Attorney: Martin Fletcher
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Steve Bonney v. Indiana Finance Authority
Date and Time: TUE, JUN 13, 2006 at 1:30 PM
Case Number: 71S00-0606-CV-239
Court's Action:
6/20/2006: The Supreme Court affirms the trial court’s finding that most of plaintiffs’ claims against the "Major Moves" legislation, which provides for the lease of the Indiana Toll Road, are governed by the Public Law Statute, thereby requiring plaintiffs to post a $1.9 billion bond before those claims could proceed. The Court rejected plaintiffs' constitutional challenge that the law is "special legislation" and that the revenues of the lease must be directed toward the retirement of "public debt." View the published opinion.Case Summary:
The plaintiffs sued, challenging recent legislation commonly known as “Major Moves” and a proposed lease of the Indiana Toll Road. The St. Joseph Superior Court certified portions of the lawsuit as a public lawsuit and ordered the plaintiffs to post a $1.9 billion bond in order to proceed with those parts of the lawsuit. The plaintiffs appeal the order that requires them to post the bond. The Supreme Court has granted a petition for emergency transfer, thereby assuming jurisdiction over the appeal.
Attorneys for Bonney, et al.
James P. Fenton
Alan VerPlanck
Kathryn A. Brogan
Ft. Wayne, IN
Attorneys for the Indiana Fin. Auth.
Phillip R. Scaletta
Michael A. Wukmer
Indianapolis, IN
Jacqueline Sells Homann
South Bend, IN
Attorneys for Governor Mitchell E. Daniels,
Treasurer Tim Berry, and the Ind. Dep’t of Transp.
Thomas M. Fisher
Julie A. Hoffman
Indianapolis, IN
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Ralph Lean v. Charles Reed
Date and Time: THU, MAR 8, 2007 at 9:00 AM
Case Number: 49S02-0701-CV-14
Court's Action:
11/27/2007 The Supreme Court affirmed the trial court’s grant of partial summary judgment against a director of a corporation for material misrepresentations and the sale of unregistered securities because the director failed to exercise reasonable care. The court held that “where it is undisputed that the director had no basis other than an assumption that management and counsel had arranged the transaction in conformity to law, the failure to exercise reasonable care is established as a matter of law.” View the published opinion.Case Summary:
In an action brought under the Indiana Securities Act, the Marion Superior Court granted partial summary judgment to stock purchasers on the issue of outside director Lean’s derivative liability. A majority of the Court of Appeals affirmed, holding that Lean did not establish the affirmative defense provided by Indiana Code section 23-2-1-19(d). Lean v. Reed, 854 N.E.2d 79 (Ind. Ct. App. 2006), vacated. The Supreme Court has granted a petition to transfer the case, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal.
Attorneys for Lean
Lynne Lidke
Michael Langford
A. Jack Finklea
Indianapolis, IN
Attorneys for Reed
Martin Fletcher, Sr.
David Bailey
Fort Wayne, IN
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