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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinion was posted after The Indiana Lawyer’s deadline Wednesday:
7th Circuit Court of Appeals
B.D., a minor, by and through his guardian ad litem, Bryan Myers v. Samsung SDI Co., LTD
24-2444
Civil. Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge Matthew Brookman. Affirms the district court’s decision granting Samsung SDI’s motion to dismiss B.D.’s complaint for lack of personal jurisdiction under Federal Rule of Civil Procedure 12(b)(2). Finds the company expected its batteries to reach the state encased in packs, yet B.D.’s injury occurred when an individual battery—purchased outside of a pack—exploded in his pocket. Also finds the relationship between his resulting lawsuit and Samsung SDI’s purposeful forum contacts is too attenuated to support an exercise of personal jurisdiction. Attorneys for appellant: Robert Dassow, Jonathan Taylor, Kristen Drake. Attorneys for appellee: Christopher Emch, Dina Cox.
Thursday opinions
Indiana Court of Appeals
Holcim (US) Inc. v. ACMS Group, Inc.
24A-PL-2458
Civil plenary. Affirms Lake Superior Court Judge John Sedia’s ruling that Holcim Inc. had breached its agreement with ACMS Group, Inc. for job-site cleaning and awarded ACMS direct and consequential damages, prejudgment interest, and attorney’s fees totaling almost $6 million. Finds that taken as a whole, the record supports an inference that the damages caused to ACMS by Holcim’s nonpayment of contract and other extra costs were reasonably foreseeable. Also finds that the trial court did not err in finding that Holcim had breached the terms of the agreement. Attorney for appellant: Jeff Carroll. Attorneys for appellee: Stephen Maish, Patrick Mysliwy.
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