Getrag KG v. Walbridge Aldinger Company - 8/26/14

Back to TopPrintE-mail
Tuesday  August 26, 2014 
1:30 PM  EST

1:30 p.m. 80A02-1310-CC-860. Getrag Getriebe-und Zahnradfabrik Hermann Hagenmeyer GMBH & CIE KG and Getrag International GMBH (collectively, “Getrag KG”) bring this interlocutory appeal from the trial court’s denial of their motion to dismiss the complaint of Walbridge Aldinger Company (“Walbridge”) pursuant to Indiana Trial Rules 12(B)(2) and 12(B)(5).  Getrag KG is a German limited partnership with its principal place of business in Germany and Walbridge is a Michigan corporation with its principal place of business in Michigan.  According to Walbridge’s complaint, Getrag KG is a leading manufacturer of dual-clutch transmissions, and in 2006 Getrag KG and Chrysler Group LLC agreed to jointly develop a manufacturing plant in Tipton for the purpose of manufacturing dual-clutch transmissions for Chrysler automobiles.  Walbridge alleges that Getrag KG hired it to construct this plant, but, in late 2008, Getrag KG ordered Walbridge to stop construction and refused to pay Walbridge more than $35 million in expenses that Walbridge had incurred.  Attached to Walbridge’s complaint were numerous purchase orders, each of which states that the parties shall abide by certain terms and conditions.  Among these terms and conditions is a requirement that any disputes between the parties be resolved in Germany and pursuant to German law.  As such, Getrag KG moved to dismiss Walbridge’s complaint.  The trial court denied Getrag KG’s motion pursuant to Indiana Code Section 32-28-3-17, which declares “void” any “provision in a contract for the improvement of real estate in Indiana” that “makes the contract subject to the laws of another state” or “requires litigation . . . on the contract occur in another state.”  On appeal, Getrag KG asserts that the terms and conditions are binding under Indiana law, that Indiana Code Section 32-28-3-17 does not apply on these facts, and that, if it did apply, the statute would be preempted by the Treaty of Friendship, Commerce and Navigation between the United States of America and the Federal Republic of Germany.

Back to Events
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

ADVERTISEMENT