What does it take to start an Indiana partnership?

(Indiana Civil " Business Lawyer Blog)
The following pretty much condenses Indiana's law on forming a partnership: ... Copenhaver v. Lister, 852 N.E.2d 50, 58 (Ind. Ct. App. 2006). To form a partnership, parties must join together to carry on a trade or adventure for their common benefit, each contributing property or services, and having a community of interest in the profits. See id. In addition, to establish a partnership relation between parties, there must be: (1) a voluntary contract ...
July 2, 2009 01:33 am

Another Receivership Case in The News

(Indiana Civil " Business Lawyer Blog)
Not much news but Foreclosed tower goes up for sale shows that receivership are not dead in Indiana: The property at 3801 N. Meridian St. is in control of a court-appointed receiver after the previous owner, Chicago-based Freemont ... on behalf of the Foundation were investment contracts, and hence securities for purposes of federal and state securities laws. Defendants were not exempt from registration as securities brokers under the terms of the Philanthropy Act. Because the charitable gift ...
July 1, 2009 11:22 pm

Indiana Divorce Case Law: Liens and Property Division

(Sam Hasler's Indiana Divorce " Family Law Blog)
I started this discussion back in April with Indiana Case Law: Divorce, Property Division and Judgment Liens, Call this a post a victim of my hiatus. You might want to go back and read the earlier article. I opined that White v. White, ... the decree served to grant Paul a judgment against Mary, neither document described a specific lien against the property. The agreement also failed to specifically describe any security, bond, or other guarantee for the payment of the ...
June 26, 2009 12:04 am
... counts of battery and disorderly conduct. The Court also examined what behavior constitutes disorderly conduct under Indiana law. In this case, Christopher Bailey was standing in line for breakfast at Perry Meridian High School in Marion ... level of "tumultuous conduct," defined as conduct that results in-or is likely to result in-serious bodily injury or substantial property damage. Bailey argued that this "probability of violence" is established only when the defendant's actions are likely to ...
June 19, 2009 07:32 pm
... by either a motion for judgment on the evidence filed before judgment or in a motion to correct error." Ashley Paynter is a student at the Indiana University School of Law - Indianapolis, and a summer associate with Bingham McHale. Indiana Department of Revenue ... case. In a 3-2 decision, the Indiana Supreme Court, analyzing the language of the exemption differently than the Tax Court, concluded that "the using up or consumption of the tangible personal property in question must meet two tests in ...
June 18, 2009 04:14 pm
... , but rather a conveyance of a reasonable expectation regarding the testimony that would be presented. Matt Tait is a student at the Indiana University School of Law - Indianapolis, and a summer associate with Bingham McHale. Breaston v. State and Farris v. State - ... By Viki Lewinski In Thomas v. Blackford County Area Board of Zoning Appeals, the Indiana Supreme Court affirmed a trial court's decision that a property owner lacked standing to challenge a BZA decision. Doing so, the Court explained ...
June 17, 2009 05:53 pm

School Land for Airport

(National Eminent Domain Blog)
... . "The action avoids any more delays to the timetable for the (runway) expansion," Curry said, "and now a court of law will determine the appropriate value of the land." Why would a school system expect any different treatment than any other ... truly provide notice to the owners of property when it decides to utilize the eminent domain process. However, the process in most States does require some attempt to negotiate prior to the filing of a condemnation complaint. Indiana, where this taking is ...
June 17, 2009 02:28 pm
... ) Global - Patents Should formalised training in science or engineering be a prerequisite to the practice of patent law? (IP Osgoode) SMEs and the struggle against patent trolls (IAM) Firebox ... Ghana (Afro-IP) India Bombay HC rules on copyright in drawings: Part II: Indiana Gratings v Anand Udyog (Spicy IP) Delay in filing power of attorney: ... privileged documents after in camera review: Heriot v Byrne (Chicago Intellectual Property Law Blog) US Patent Reform Patent reform: Supreme Court to review ...
June 15, 2009 03:00 am
... ) Global - Patents Should formalised training in science or engineering be a prerequisite to the practice of patent law? (IP Osgoode) SMEs and the struggle against patent trolls (IAM) Firebox ... Ghana (Afro-IP) India Bombay HC rules on copyright in drawings: Part II: Indiana Gratings v Anand Udyog (Spicy IP) Delay in filing power of attorney: ... privileged documents after in camera review: Heriot v Byrne (Chicago Intellectual Property Law Blog) US Patent Reform Patent reform: Supreme Court to review ...
June 15, 2009 03:00 am
By Meaghan Klem Addressing an issue of first impression in Indiana law, the Indiana Court of Appeals held Thursday that "circumstances of animal cruelty may create exigent circumstances to permit a warrantless search of the ... Detective Weaver then drafted a probable cause affidavit and obtained a search warrant to inspect all buildings on the property for items associated with animal fighting. On appeal, the defendant argued that evidence obtained from the search warrant should have been excluded ...
June 12, 2009 10:50 am
... 's part of the gantlet to make it as difficult as possible for an investor to make a recovery,'' said Mark Maddox, a former Indiana securities commissioner who is now a lawyer representing victims in the Stratton Oakmont case. (Emphasis added.) Indeed, one argument used ... exist, despite extensive criticism, in so-called forfeiture cases, where police forces can decide whether to seize property and then are permitted to keep (and sell) what they seize in order to help fund themselves this way. Yet ...
June 11, 2009 11:22 am
... Why do it? One possible answer is that this is all about politics again. The politicians in control of these funds back in Indiana are Republicans and maybe they wanted to pester the Administration. Maybe, but a risky move given that if they ... who seeks by creating a nuisance value for himself to force the payment of an amount wholly disproportionate to his interest in the property as the price of the withdrawal of the nuisance of his presence. Sound familiar? There's not anything wrong with this ...
June 10, 2009 05:53 pm
... unusual ruling, Bose McKinney & Evans (BME), an Indianapolis law firm, was sanctioned on June 5, 2009 by the U.S. District Court, Southern District of Indiana, for conduct that violated the Federal Rules of Civil Procedure: purposely withholding ... federal Resource Conservation and Recovery Act. 1100 West asked the judge to order removal of all the chemicals near its property and for the company to stop discharging any of the hazardous and solid waste from its nearby property. A central issue ...
June 10, 2009 04:10 pm

New York Law Journal: Featured Columnists June 10, 2009

(New York Supreme Court Criminal Term Library Blog)
... case recently accepted for review by the U.S. Supreme Court." Domestic Banking Law Wednesday, June 10, 2009 By Clyde Mitchell "Clyde Mitchell, adjunct professor ... City attorney and former acting U.S. Attorney for the Northern District of Indiana, writes: In Dickerson v. United States, Chief Justice William H. Rehnquist ... do constitutional analysis when examining chains of title. With the increase in tax foreclosures, more properties have these ambiguities. But, while we recognize that many titles come ...
June 10, 2009 01:26 am
... defies presumption of disclosure in public records law. [is.gd] 2009-06-07 01:38:15 · Reply · View PIbuzz: California class action challenges county Recorders on high document fees. Property docs are much less for title co's. [is.gd] 2009-06-06 19:59:57 · Reply · View ... Aaaah.) lb ? life be w/o them? 2009-06-05 17:12:29 · Reply · View PIbuzz: Indiana - search corporation names and view documents on file with the Secretary of State Business Services Division. [is.gd] 2009- ...
June 9, 2009 09:42 am
... than as we almost always do, just read the literal words divorced from what the law would be like in their absence. Bill's post came to mind in thinking ... Blog) that "no court, including the Supreme Court, has the authority to hear a challenge by Indiana benefit plans to the role the U.S. Treasury played in the Chrysler rescue." Tell ... yet occurred. Some of these objectors argue that their claims are not "interests in property" such that the purchased assets can be sold free and clear of them. However ...
June 9, 2009 01:22 am
... (Patently-O) (The Prior Art) (IP Watchdog) (Inventive Step) (Chicago Intellectual Property Law Blog) (IP Spotlight) (Anticipate This!) (Excess Copyright) (IPKat) (Ars Technica) ... China's top court offers warning over injunctions (Managing Intellectual Property) Estonia Estonian courts can invalidate opponent's mark even in the absence ... Office) Bombay High Court rules on the infringement of copyright in drawings: Indiana Gratings Private Limited & Anr v Anand Udyog Fabricators Private Limited & ...
June 8, 2009 02:00 am
... (Patently-O) (The Prior Art) (IP Watchdog) (Inventive Step) (Chicago Intellectual Property Law Blog) (IP Spotlight) (Anticipate This!) (Excess Copyright) (IPKat) (Ars Technica) ... China's top court offers warning over injunctions (Managing Intellectual Property) Estonia Estonian courts can invalidate opponent's mark even in the absence ... Office) Bombay High Court rules on the infringement of copyright in drawings: Indiana Gratings Private Limited & Anr v Anand Udyog Fabricators Private Limited & ...
June 8, 2009 02:00 am
... Zura's 271 Patent Blog) (Patently-O) (The Prior Art) (IP Watchdog) (Inventive Step) (Chicago Intellectual Property Law Blog) (IP Spotlight) (Anticipate This!) (Excess Copyright) (IPKat) (Ars Technica) (IAM) (Intellectual Property Watch ... Intellectual Property Law Blog) (IP Spotlight) (Anticipate This!) (Excess Copyright) (IPKat) (Ars Technica) (IAM) (Intellectual Property Watch) (Technology Transfer Tactics) (The IP Factor) (Patent Baristas) (ISinIP) (Managing Intellectual Property) US Patents - ...
June 5, 2009 05:00 am
... Zura's 271 Patent Blog) (Patently-O) (The Prior Art) (IP Watchdog) (Inventive Step) (Chicago Intellectual Property Law Blog) (IP Spotlight) (Anticipate This!) (Excess Copyright) (IPKat) (Ars Technica) (IAM) (Intellectual Property Watch ... Intellectual Property Law Blog) (IP Spotlight) (Anticipate This!) (Excess Copyright) (IPKat) (Ars Technica) (IAM) (Intellectual Property Watch) (Technology Transfer Tactics) (The IP Factor) (Patent Baristas) (ISinIP) (Managing Intellectual Property) US Patents - ...
June 5, 2009 05:00 am