Country Contractors, Inc. v. A Westside Storage of Indianapolis, Inc. - 1/14/14

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Tuesday  January 14, 2014 
11:00 AM  EST

11 a.m. 32A01-1304-CC-155. Country Contractors and its two shareholders appeal a judgment in favor of Westside for damages stemming from Country Contractors’ breach of a contract to perform excavation services for Westside.  Country Contractors contracted out a significant portion of the work to a second general contractor, which hired the subcontractors. The subcontractors were never fully paid and filed mechanic’s liens against Westside’s property. The second contractor also filed a mechanic’s lien for its unpaid balance. Country Contractors (now in bankruptcy) also filed a mechanic’s lien for the unpaid portion of the contract. Westside filed a successful contract action against Country Contractors, seeking to recover sums it paid to extinguish mechanic’s liens of the subcontractors and second contractor.  Westside also sought and was awarded attorney’s fees and delay damages. Issues on appeal include: piercing the corporate veil, slander of title, attorney’s fees, and delay damages.

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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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