Claire's Boutiques, Inc. v. Brownsburg Station Partners - 8/27/13

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Tuesday  August 27, 2013 
1:30 PM  EST

1:30 p.m. 32A01-1209-CC-438. Following a bench trial in this breach of contract case, Claire’s Boutiques, Inc., a tenant of a strip mall owned by Brownsburg Station Partners, LLC, appeals the denial of its cross-motion for summary judgment and the entry of final judgment in favor Brownsburg regarding the interpretation of the operating co-tenancy provision in its retail lease.  Brownsburg cross-appeals, asserting that the trial court erred when it denied Brownsburg’s motion for partial summary judgment regarding construction of the operating co-tenancy provision and that the court erred when it denied Brownsburg’s request for consequential damages at trial.  The main issues on appeal are the construction of the operating co-tenancy provision in the lease and whether the tenant’s complete removal from the leased premises without notice constitutes termination of the lease by Claire’s or, instead, abandonment of the leased premises in default of the lease. 

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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