Legal Opinion

Enservco, Inc. v. Indiana Securities Division

Indiana Supreme Court

Decided October 29, 1993No. 49S02-9310-CV-1195PublishedCited by 22 opinions

1Opinion of the Court

SHEPARD, Chief Justice.

The Indiana Securities Commissioner found that Enserveo and others had violated this state's franchise disclosure laws and he entered various remedial orders. The respondents contend, among other things, that the Commissioner did not have proof of their scienter. We hold that scien-ter is not required.

Procedural History

On August 14, 1989, the Securities Division of the Office of the Secretary of State filed an administrative complaint against respondents Enserveo, Inc. ("Enserveo"), Western Environmental Resources, Inc. ("'Western"), Associated Environmental Systems,…

2Cases cited15 opinions

  1. Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
  2. TSC Industries, Inc. v. Northway, Inc.Supreme Court of the United States · 1976
  3. Aaron v. Securities & Exchange CommissionSupreme Court of the United States · 1980
  4. Richard D. BENNETT and Carole A. Bennett, Plaintiffs-Appellants, v. UNITED STATES TRUST COMPANY OF NEW YORK, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1985
  5. Moll v. South Central Solar Systems, Inc.Indiana Court of Appeals · 1981

10 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Barth v. BarthIndiana Supreme Court · 1995
  2. Continental Basketball Ass'n v. Ellenstein Enterprises, Inc.Indiana Supreme Court · 1996
  3. Motor City Bagels, L.L.C. v. American Bagel Co.District Court, D. Maryland · 1999
  4. Reiswerg v. StatomIndiana Supreme Court · 2010
  5. Walker v. StateIndiana Supreme Court · 1996

17 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API