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COA rules in favor of chamber in breach of contract dispute

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In its decision ordering summary judgment be entered in favor of the Brownsburg Chamber of Commerce in a lawsuit involving damages to a former employee, the Indiana Court of Appeals adopted the proposition that damages for breach of notice provisions are limited to compensation for the notice period.

In Walter B. Duncan v. The Greater Brownsburg Chamber of Commerce, Inc., No. 32A01-1109-CC-429, Walter Duncan sued the Greater Brownsburg Chamber of Commerce over the amount of damages he received after he was forced to resign as executive director in March 2010. The chamber’s board of directors voted to terminate his contract immediately, but Duncan was given the option of resigning. Per his resignation, he was to work one more week and take a three-week paid vacation. His daily salary was $138, so he was due just under $15,000 for working through April 18, one month after he submitted his resignation letter. The chamber paid more than $15,500 to him in 2010.

Duncan sued later that year, arguing he should have been due damages from the date of the alleged breach through the term of the contract. Both Duncan and the chamber filed for summary judgment. The chamber’s argument basically asks the appellate court to adopt the general proposition that damages for breach of a notice requirement are limited to the compensation for the notice period.

The COA did, adopting the majority rule that “the summary discharge of an employee entitled under the employment contract to a specified period of notice ordinarily permits him to recover his compensation for the notice period only and not for the entire balance of the contract period.” This is consistent with decisions from other jurisdictions.

Here, the contract required a 30-day written notice to the other party before canceling the employment agreement. The most that Duncan was entitled to recover then was 30 days compensation. He received more than what he was entitled to, so the appellate court declined to address whether the chamber actually breached the notice requirement. The judges ordered the trial court enter summary judgment in favor of the chamber.
 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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