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. 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

  2. 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

  3. 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

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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