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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 Thursday:
Indiana Supreme Court
Andrew Nemeth Properties, LLC and Andrew J. Nemeth v. William, Thomas, and Philip Panzica, et al.
24S-PL-356
Civil plenary. Vacates and remands for jury trial on Nemeth’s breach of contract and unjust enrichment claims. Holds that LLC membership requires a written operating agreement or written consent under Indiana’s Business Flexibility Act, meaning Nemeth was not a member as a matter of law. However, finds genuine factual disputes regarding whether the parties agreed to make him a member, precluding summary judgment. Also holds that unjust enrichment claims seeking monetary damages are legal claims entitled to jury trial, and the unclean hands defense may be presented to the jury. Attorneys for appellants: Carol Nemeth Joven, Ronald J. Waicukauski. Attorneys for appellees: John D. LaDue, Stephen M. Judge, Tiernan B. Kane.
Indiana Court of Appeals
Bryan Builders, LLC and Amazon.com Services, LLC v. The Cincinnati Casualty Co., et al.
24A-CT-1068
Civil tort/insurance coverage. Affirms summary judgment in favor of Cincinnati Casualty and Atlantic Casualty. Holds that under the Master Agreement incorporating AIA contract provisions, Amazon was required to maintain all-risk property insurance and the parties waived subrogation against each other and subcontractors. Concludes that fire damage fell within the scope of the all-risk coverage, even though the loss did not exceed the deductible, and therefore Bryan Builders could not seek reimbursement from Steel Services or Fair Family. Attorneys for appellants: Terrence L. Brookie, Maggie L. Smith, Joshua N. Kutch. Attorneys for appellees: Jerry E. Huelat, David A. Mack, Robert J. Penny; Scott B. Cockrum, Candace C. Dickson; Evan M. Norris, Daniel M. Drewry; David L. Taylor, Audrey L. Smith.
Friday’s opinions
Indiana Court of Appeals
Speedway, LLC v. Kendall Shedd
25A-EX-1386
Workers’ compensation. Dismisses Speedway’s appeal from the Full Worker’s Compensation Board’s denial of its motion to dismiss Shedd’s claim. The court holds that the board’s order was not a final appealable order, as it did not resolve all issues or include Trial Rule 54(B) certification. The board had found that no settlement occurred between Shedd and the third-party tortfeasor because no payment was issued under the signed release, meaning Speedway’s statutory termination argument was premature. The appeal is dismissed for lack of jurisdiction.
Shepard Wrex, LLC v. Donald Scott and Jamie Scott
24A-PL-3069
Civil plenary. Affirms the judgment in favor of Donald and Jamie Scott on Shepard Wrex’s counterclaims, including Environmental Legal Action (ELA), civil trespass, criminal trespass, and treble damages. Finds that Shepard Wrex failed to prove recoverable cleanup costs under the ELA statute and did not show criminal intent necessary to sustain a claim for treble damages. Concludes that the Scotts maintained a good-faith belief they were entitled to operate the remediation system that remained in place when Shepard Wrex acquired the property at tax sale. Attorneys for appellant: David L. Guevara, Vivek R. Hadley. Attorneys for appellees: Maggie L. Smith, Darren A. Craig, Glenn D. Bowman.
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