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

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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.

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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