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. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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