Business & Corporate Law

An Indiana appellate court recently affirmed a trial court’s decision to dismiss a limestone manufacturer’s complaint seeking indemnity from a trucking company after a complaint by the trucking company subcontractor’s employee was brought against it. In Carmeuse Lime & Stone v. Illini State Trucking, Inc., 986 N.E.2d 271 (Ind. Ct. App. 2013), an employee of a subcontractor of Illini State…

An Indiana appellate court reversed the judgment of a trial court which had ruled in favor of a conveyor contractor. While it was an electrical subcontractor that initially brought an action against a conveyor contractor, the contractor filed multiple cross-claims against the subcontractor which resulted in trial court granting the contractor more than a $1.4 million judgment for lost profits…

The Indiana Court of Appeals recently reversed a trial court’s decision to grant judgment in favor of a purchaser of a business’s assets after that party brought suit against the business shareholders. The purchaser alleged it was entitled to collect certain assets as part of that sale, while the business filed counterclaims for conversion of personal property and disputed an…

The Jumpstart Our Business Startups Act (“JOBS Act” or “the Act”) was a bill passed with bipartisan support by Congress in 2011 and signed into law by President Obama in April 2012. The goal of the law is to encourage funding for small businesses, or “emerging growth companies” in the words of the Act, to facilitate job creation and investment…

Indiana courts will not pierce the corporate veil absent a causal connection between the misuse of the corporate form and fraud or injustice. In CBR Event Decorators v. Gates, 962 N.E.2d 1276 (Ind. Ct. App. 2012), the court refused to pierce the corporate veil and hold the shareholders personally liable, as the plaintiff had failed to establish such causal connection.…

In Ziese & Sons Excavating, Inc. v. Boyer Const. Corp. and Boyer Construction Group Corp., 2012 WL 1066026 (Ind. Ct. App. 2012), the court stated that summary judgment was inappropriate after finding genuine issues of material fact as to both the questions of piercing the corporate veil and successor liability, addressing issues when a corporation is similar in name, operation,…

A recent Indiana Court of Appeals decisions held that both a borrower’s knowledge of a lender’s claim against him and service at the borrower’s parents’ house, when borrower did not reside at the residence, were insufficient to confer personal jurisdiction over the borrower. In Norris v. Personal Finance, 957 N.E. 2d, 1002 (Ind. Ct. App. 2011) the financial institution attempted…

During a corporate merger or acquisition, companies should inspect the I-9 Employment Eligibility Verification Form policies of the soon-to-be merged or acquired company, as failure to do so may expose the company to fines and penalties from Immigration and Customs Enforcement (ICE). Since November 6, 1986, employers have been required to use the I-9 form in order to verify that…

On October 4, 2010, the Occupational Safety and Health Administration (“OSHA”) issued an open letter to employers announcing an educational program encouraging employers to prevent work-related distracted driving and asking employers to review their policies and practices with respect to texting and driving. The OSHA letter further stated employers have a “legal obligation” to prevent hazards such as texting and…

The health care reform package that went into law on Tuesday, March 23, 2010, most clearly will have substantial effects on the health care industry. However, the legislation will also have far reaching impact on employers. Although employers are not mandated under the health care reform package to provide insurance coverage to employees, the new legislation will penalize employers that…