Roche Diagnostics Operations, Inc. v. Marsh Supermarkets, LLC - 12/3/12

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Monday  December 3, 2012 
1:30 PM  EST

1:30 p.m. 29A02-1201-PL-4. Appellant-Defendant, Roche Diagnostics Operations, Inc. (Roche), appeals the trial court’s denial of its cross-motion for summary judgment and its judgment in favor of Marsh Supermarkets, LLC (Marsh), awarding damages for Roche’s breach of its sublease with Marsh.
Roche presents this court with three issues:
(1) Whether the trial court erred by denying Roche’s cross-motion for summary judgment by a) declining to find as a matter of law that the language of the sublease granted Roche the right to terminate the sublease if it did not receive a subordination, non-disturbance and attornment agreement (SDNA) by a certain date; or, b) by determining that genuine issues of material fact regarding the parties’ cooperation in obtaining the SNDA precluded summary judgment.   
(2) Whether the trial court erred in granting judgment to Marsh by determining that Roche’s right to terminate the sublease required reasonable prior notice; 2) that Marsh’s delivery of the SNDA to Roche was effective; 3) that Roche had not fulfilled its obligation to cooperate regarding the SNDA; and 4) that Roche had defaulted under the terms of the sublease.
(3) Whether the trial court erred in awarding Marsh damages based upon sublease payments under the entire eighteen year term of the sublease rather than awarding damages in light of Roche’s right of early termination upon the fifth anniversary of the sublease.

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  1. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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