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Simon sues Starbucks in bid to block mass Teavana closings

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IL for www.theindianalawyer.com

In an unusual legal move, Simon Property Group Inc. has sued Starbucks Corp. over the coffee giant’s plan to close 78 Teavana stores in its malls across the country.

Indianapolis-based Simon, the country’s largest shopping mall operator, says in the lawsuit that Starbucks is breaching its leases by closing the Teavana stores and “shirking its contractual obligations at the expense of Simon’s shopping centers and the dozens of communities they serve and support.”

In the suit, filed Aug. 21 in Marion Superior Court, Simon said it is seeking temporary and permanent injunctions preventing Starbucks from closing the stores.

Seattle-based Starbucks announced July 27 that it planned to close all 379 of its Teavana stores in the next year, with most closures taking place in the spring of 2018.

Simon, though, said Starbucks recently indicated that it intends to close the stores no later than Dec. 31. The mall landlord said only two of its Teavana leases expire prior to the spring and the other 76 extend as far as January 2027.

“In order to successfully operate its shopping centers, Simon depends upon each tenant fulfilling the covenants in their respective leases,” the company said in its suit. “Crucially, each of Simon’s tenants promises that it will open and operate continuously for the entire term of its lease.”

In the Indianapolis area, Teavana operates at Circle Centre mall, the Fashion Mall at Keystone, Castleton Square Mall and Greenwood Park Mall.

In January 2013, Starbucks—then led by Howard Schultz—bought the Atlanta-based tea retailer for $620 million. At the time, Teavana had about 300 stores. Schultz predicted the business would swell in size and that his company “would do for tea what we did for coffee.”

In April, the same month Kevin Johnson took the helm as CEO, Starbucks said it was disappointed in the performance of the Teavana stores and was reviewing its options. Three months later, Johnson cited declining foot traffic in malls as a reason for closing the stores. With “that headwind and with all of the work we have done to reinvent the store, it just couldn’t overcome that,” Johnson said.

That comment didn’t sit well with Simon, which said in the lawsuit that it was intended “to deflect blame from itself and avoid adverse investor reaction.” Simon noted that just a year ago Starbucks had boasted that its tea business was growing rapidly.

In the lawsuit, Simon said it has seen a long line of retailers close mall stores in recent years because of “financial distress,” including Sears, Sports Authority, Gap, Ralph Lauren, Finish Line, Macy’s, Nine West, Rue 21, Jones New York, American Eagle and others.

“Those retailers, at least, claimed closure was necessary to avoid bankruptcy, and that staying open and fulfilling their leases would cause them financial ruin,” Simon said in the suit. “That obviously is not the case with Starbucks, which is one of the largest and most recognized companies in the world.”

Teavana isn’t losing money, Simon said in the suit—it just isn’t growing fast enough to fit into Starbucks’ business strategy.

Starbucks is a “thriving company” with a market capitalization of more than $80 billion that is coming off a record quarter in which it opened 575 net new stores, Simon said.

“Starbucks’ decision to close its Teavana stores is simply an effort to further increase its economic gains at the expense of others,” Simon said. “Starbucks does not contend that Simon breached any lease or that Starbucks cannot remain viable if it continues to honor its promises in its leases for stores in Simon’s shopping centers. Instead, Starbucks simply believes it can make more money if it violates the leases than if it honored its contractual promises and obligations.”

Supreme Court accepts resignations of 2 attorneys

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IL for www.theindianalwyer.com

Two attorneys are no longer practicing law in the Hoosier State after the Indiana Supreme Court accepted their resignations late last week.

On Thursday, the high court accepted the resignation of Elkhart attorney Anthony J. Iemma, then did the same for Richmond attorney Edward T. Kemp on Friday.  The order accepting Iemma’s resignation said he acknowledge there was a pending investigation or proceeding involving alleged misconduct that he could not defend himself against. Iemma’s entry on the Indiana Roll of Attorneys shows his resignation as the only disciplinary action against him.

Kemp’s entry, however, shows nine concluded disciplinary actions, including his resignation, a 2015 suspension, show cause orders and dismissals. According to the order accepting his resignation, the Indiana Supreme Court Disciplinary Commission entered a “Notice of Finding of Guilt and Request for Suspension” against Kemp on June 28, when it requested an interim suspension based on his conviction for theft. That request was denied as moot after Kemp tendered his resignation.

Both Iemma and Kemp can petition for reinstatement after five years, and any allegations of misconduct may be considered in the reinstatement process. In order to be reinstated, the attorneys must prove their remorse, rehabilitation and fitness to practice law. The costs of the proceedings were assessed against them.

In addition to accepting the resignations, the high court also imposed a 30-day active suspension Thursday against Fort Wayne attorney Kenneth A. Schenk, who has been convicted multiple times of operating a vehicle while intoxicated and has pleaded guilty to possession of marijuana. According to the disciplinary order, Schenk did not report his first two convictions to the commission. Schenk’s OWI prosecution has been deferred pending his completion of the Allen County Alcohol Deterrent Program.

The parties agreed Schenk violated Indiana Professional Conduct Rule 8.4(b) and Admission and Discipline Rule 23(11.1)(a)(2) (2016), and also agreed the appropriate discipline would be a 180-day suspension, with 30 days actively served. The remainder of the suspension will be stayed subject to the completion of at least 24 months of probation with monitoring by the Judges and Lawyers Assistance Program.

Schnek’s discipline also prohibits him from using alcohol or other mind-altering substances and requires him to report any violations of his probation to the commission. If he violates his probation, the stay on Schnek’s suspension may be vacated and he can be required to serve his suspension with or without automatic reinstatement.

Schnek’s suspension will begin on Oct. 5, and his probation will remain in effect until it is terminated pursuant to a petition filed under Admission and Discipline Rule 23(26). The costs of the proceedings are assessed against him.

 

VANDERBURGH COUNTY FELONY CHARGES

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Below are the felony cases to be filed by the Vanderburgh County Prosecutor’s Office today.

Ryan Ray Cashen: Unlawful possession of syringe (Level 6 Felony)

Jason L. Hale: Domestic battery (Level 6 Felony)

Kathryn M. Howell: Maintaining a common nuisance – controlled substances (Level 6 Felony), Unlawful possession of syringe (Level 6 Felony)

Zachary Tyler Young: Resisting law enforcement (Level 6 Felony), Resisting law enforcement (Class A misdemeanor), Reckless driving (Class C misdemeanor)

For further information on the cases listed above, or any pending case, please cont

Eleven new Lifelong Learning courses released to the community

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Growth continues to be a focus for the University of Southern Indiana’s Outreach and Engagement. The division has released the fall 2017 series of Lifelong Learning noncredit courses, including eleven new programs, which are now open for registration.

“The Lifelong Learning team is excited to share our growing portfolio of programs to meet workforce needs and common interests,” said Dawn Stoneking, director of Lifelong Learning.

Lifelong Learning courses are open to anyone in the community regardless of educational background. All courses are presented in a noncompetitive atmosphere, where interest in learning and personal growth is the primary consideration.

Below is a list of new courses and their date(s):

  • Certificate in Human Resources for the Non-HR Manager (November 2): Employees are often promoted into management roles with little training in human resources. In this course, managers will learn about federal and state employment laws, as well as the importance of implementing effective human resource practices.
  • Certificate in Workforce Relationships (November 10 and 17): To work with a diverse group of individuals, we must first know ourselves. After this course, you will become a more effective team player in your workplace environment.
  • Trends in Oral Healthcare (September 30): This half-day conference will focus on the current trends in oral healthcare like the changing landscape of probiotic use, dietary supplements and food fads. Dental professionals will learn how these trends could potentially impact patient care.
  • Intermediate Yoga (3 Mondays and Wednesdays, starting September 11): Advance your practice with intermediate yoga poses to keep you challenged on your yogic path.
  • Reduce Stress and Feel Better (September 26 and 28): This interactive class will help you feel better in your body by connecting with your authentic nature. You will learn simple practices that lead to a more balanced and purposeful lifestyle, as well as enhance your daily habits.
  • Sloba (Eight Tuesdays, starting September 19): Sloba is a slow-paced, toning exercise class with emphasis on body posture, balance, flexibility, breathing, body-mind-coordination and movement awareness. Exercises taken from different disciplines like yoga, Feldenkrais, aerobics and Middle Eastern dance, form this unique exercise program.
  • Zumba (Six Wednesdays, starting September 13): A total workout, combining all elements of fitness: cardio, muscle conditioning, balance, flexibility and a serious dose of awesome.
  • Herbs-Not Just for Cooking (October 9): This introductory class will show you what to grow, when to harvest and how to store them. Take home basic recipes for making teas, tinctures and infusions.
  • Healthcare in Retirement (November 16): This course provides guidance on the possible implications and solutions to funding health care during retirement.
  • Statistics for Business and Professional Development (Six Thursdays, starting September 28): Much of our modern world requires individuals to understand and process big data. In this course, you will learn how to use Excel to process data sets into useful statistics for a modern business setting.
  • Microsoft Excel 2016 Level IV (Three Thursdays, starting November 30): A fourth level has been added to the suite of Microsoft Excel courses. Three sessions will be dedicated to learning Excel at a project-based level.

These classes are accompanied by returning courses, such as Beginning Golf, Leadership Challenge Workshop, Saturday Art Workshop for kids and more. Basic Orientation Plus safety training sessions are also offered on campus daily.

No grades are assigned and formal admission to the University is not required for course registration. However, many Lifelong Learning courses are available for Continuing Education Units (CEUs). Certificates are offered for professionals who continue to grow in their field.

All current courses are available at USI.edu/LifelongLearning. Registration can be taken online or by calling USI Outreach and Engagement at 812-464-1989.

ST. VINCENT EVANSVILLE TO HOST FREE SEMINAR ON FALL PREVENTION

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Registration Required and Lunch Provided for Attendees

September is Fall Prevention Awareness Month and St. Vincent Trauma Centers will host a free seminar titled “Standing Together to Prevent Falls” to help older adults stay healthy, active, and independent. The event will take place from 9am to 2pm, September 8 in the St. Vincent Manor Annex, 3700 Washington Avenue.  Registration is required and lunch will be provided.

Falls are the leading cause of injuries among the older population, and can have a lasting impact on mobility, independence, and mental health. Many older adults believe falling is a normal part of the aging process, but by following certain safety guidelines, falls can often be avoided.

“Standing Together to Prevent Falls” will include information on home safety tips, how proper nutrition can help prevent falls, the important role of vision, and how certain exercises can improve balance and coordination. There will also be an opportunity for questions and answers with the speakers. In addition, St. Vincent pharmacists will be available to review medication lists to determine how they might contribute to the risk of falling.

To register contact Mary Raley, St. Vincent Injury Prevention Coordinator, at 812-485-6827 or by email atmhraley@ascension.org.

Air Quality Forecast

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Air quality forecasts for Evansville and Vanderburgh County are provided as a public service.  They are best estimates of predicted pollution levels that can be used as a guide so people can modify their activities and reduce their exposure to air quality conditions that may affect their health.  The forecasts are routinely made available at least a day in advance, and are posted by 10:30 AM Evansville time on Monday (for Tuesday through Thursday) and Thursday (for Friday through Monday).  When atmospheric conditions are uncertain or favor pollution levels above the National Ambient Air Quality Standards, forecasts are made on a daily basis.

Ozone forecasts are available from mid-April through September 30th.  Fine particulate (PM2.5) forecasts are available year round.

Monday

August 28

Tuesday
August 29
Wednesday
August 30
Thursday
August 31
Friday
September 1
Fine Particulate
(0-23 CST avg)
Air Quality Index
Moderate Moderate Good Good Moderate
Ozone
Air Quality Index
Good Good Good Good Good
Ozone
(peak 8-hr avg)
(expected)
NA* NA* NA* NA* NA*

* Not Available and/or Conditions Uncertain.

Air Quality Action Days

Ozone Alerts are issued by the Evansville EPA when maximum ozone readings averaged over a period of eight hours are forecasted to reach 71 parts per billion (ppb), or unhealthy for sensitive groups on the USEPA Air Quality Index scale.

Particulate Alerts are issued by the Evansville EPA when PM2.5 readings averaged over the period of midnight to midnight are forecasted to reach 35 micrograms per meter cubed (µg/m3).

Current conditions of OZONE and FINE PARTICULATE MATTER are available in near real-time on the Indiana Department of Environment Management’s website.

National and regional maps of current conditions are available through USEPA AIRNow.

 

Home Builder is Title Sponsor of Jagoe Homes GP-20 Hydroplane

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As co-owners of Jagoe Homes, brothers Scott and Bill Jagoe believe participating in activities wherever Jagoe Homes has a presence is   important for their third generation company. Scott Jagoe explains, “We build communities within communities. Our brand promise, ‘Jagoe Homes, Where Life Happens’ encompasses life-enhancing moments and community experiences—from families gathering for a backyard cookout to welcome a new neighbor, to crowds lining the banks along the Ohio River to witness world-class Hydroplane racing.” Bill Jagoe further elaborates, “We’re proud to sponsor the Jagoe Homes GP-20.” The Jagoe Homes GP-20 is owned by retired United States Navy officer, Larry Linn of Olympia, Washington-based Blown Income Racing, and is driven by Ed “Bobble Ed” Preston. Jagoe Homes GP-20 currently holds second place in GP National High Points and will race this Labor Day weekend at Evansville HydroFest™. The event is drawing teams from throughout the United States and Canada.

Teams will race on the Ohio Riverfront in Downtown Evansville, Friday September 1st, Saturday September 2nd, and Sunday September 3rd, 2017. For event schedules visit www.evansvillehydrofest.com.

Evansville HydroFest™ will host the American Power Boat Association’s Eastern Divisional Championships on Saturday, and North American Championships on Sunday.

A $10 Admission Wristband admits ages 13 and up to all three days of racing. Ages 12 and under are free. For those 21 and above, the Wristband includes admission to the Concert & Beer Garden at Tropicana’s Outdoor Events Plaza, Friday and Saturday, 6:00 pm to midnight.

Purchase Admission Wristbands at all six Evansville-area Schnuck’s stores, nine Heritage Federal Credit Union locations, the Evansville Museum of Art, History and Science, and SWIRCA until August 31st.  Starting September 1st, Admission Wristbands will be available at Riverside Dr. Admission Gates: Court St. attended by CASA, Main St. attended by SWIRCA, and Cherry St. attended by the Evansville Museum Guild. For each $10, the non-profit group earns $2 to further its positive impact on our City.

Evansville HydroFestâ„¢ is presented by Evansville Events, Inc., a 501c3 non-profit entity of the Evansville Convention and Visitors Bureau. Bob Warren is Executive Director. Serving on the Executive Organizing Committee are Vernon Stevens, President of Southern Business Machines and Randy Lientz, President of AXIOM. Warren, Stevens, and Lientz all reside in Evansville.

Over 70 Years of Home Building Expertise

Since launching in 1939, award-winning Jagoe has built over 6,000 homes throughout Bowling Green, Henderson, Louisville, and Owensboro, Ky., as well as Evansville, Huntingburg, and Newburgh, Ind. In 2010, Jagoe Homes eclipsed more than 119,000 homebuilders nationwide when named National Builder of the Year by Professional Builder magazine.

 

 

Trump VS Trump

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VANDERBURGH COUNTY FELONY CHARGES

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Below are the felony cases to be filed by the Vanderburgh County Prosecutor’s Office today.

Charles Dalton Bridge: Possession of a synthetic drug or synthetic drug lookalike substance (Level 6 Felony), Criminal trespass (Class A misdemeanor)

Ethan Andrew Marx: Dealing in marijuana (Level 6 Felony)

Garett R. Lewis: Operating a vehicle with an ACE of 0.08 or more (Level 6 Felony)

Thomas Earl Jefferys: Theft (Level 6 Felony)

Timothy L. Rowe: Theft (Level 6 Felony)

Michael Carleton Smith: Intimidation (Level 6 Felony), Resisting law enforcement (Class A misdemeanor), Public intoxication (Class B misdemeanor)

McGrath’s stunner leads Aces past Marshall

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Keller preserves clean sheet in 1-0 win

HUNTINGTON, W.V. – Senior Ian McGrath’s extraordinary goal from 50 yards out in the 39th minute proved to be the difference as the University of Evansville men’s soccer team grabbed a 1-0 victory over Marshall University on Sunday afternoon in Huntington, West Virginia.

Evansville opened the match aggressively as the Purple Aces fired three shots in the first 30 minutes while holding the Thundering Herd without a shot.

In the 39th minute, McGrath surveyed the back line for the Herd and noticed the Marshall keeper off his line. McGrath launched a shot from nearly 50 yards out that soared over the keeper and into the net to provide the Aces with a 1-0 lead.

Opening the second half, Marshall responded with a more successful attack as the Herd fired three shots in the first 15 minutes of the second frame, but Aces senior goalkeeper Matthew Keller continued to maintain his clean sheet.

Marshall out-shot UE, 6-2, in the second half, but Keller turned away the lone shot on-goal as the Aces captured the 1-0 victory.

“It was a great team effort today. The guys did a great job of executing the game plan we put in place,” said head coach Marshall Ray “It was a wonderful strike by Ian McGrath for the goal and we held on on the road in tough conditions to get the win. It’s a building block for us and we’re looking forward to getting back on the training pitch and we have a lot to work on from the video and get prepared for our two matches next weekend at home.”

McGrath and Williams led the way with three shots each, both with one on-goal. Keller made a pair of saves and picked up his second win of the season and third shutout of his career.

The Aces return home for the ProRehab Aces Soccer Classic on Friday and Sunday at Arad McCutchan Stadium. The classic features UE, Bradley, Northern Illinois, and Milwaukee. The Aces take on Milwaukee at 7 p.m. Friday before challenging NIU at 2:30 p.m. on Sunday afternoon.