COA reverses summary judgment in moldy building dispute
A negligence and breach complaint related to a mold-infested building can continue after the Court of Appeals of Indiana reversed the entry of summary judgment.
Breach of Contract
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Butler student suing school for handling of stalking allegations permitted to amend unjust enrichment claim
A Butler University student who sued the school after he was found not responsible on an allegation of stalking has been partially granted leave to amend his complaint after a previous ruling dismissing the majority of his claims.
IN Supreme Court affirms for Ball State in student’s COVID breach case
The Indiana Supreme Court has unanimously ruled in favor of Ball State University in case in which a student sued for breach of contract and unjust enrichment when classes switched to only-online instruction during the COVID-19 pandemic.
Butler student can proceed with 4 of 12 breach claims against school related to stalking allegation
A Butler University student who sued the school after he was found not responsible on an allegation of stalking can proceed with some, but not all, of his breach-of-contract claims.
Distributor made ‘commercially reasonable’ efforts to sell products, 7th Circuit affirms
A group of medical device firm shareholders failed to show that a distributor didn’t make a reasonable effort to sell their products, the 7th Circuit Court of Appeals affirmed Thursday.
Indy law firm accuses former lawyer of keeping more than $100K in unpaid attorney fees
Indianapolis law firm Gilbert Legal Services LLC is suing one of its former attorneys for allegedly setting up work with a new client at a different firm while still employed at GLS, along with continuing to accept student loan reimbursements despite having already paid off the loans.
Justices find consumer lacked standing to pursue counterclaim, but concurrence expresses concern about federal standing doctrine
The Indiana Supreme Court has ordered a trial court to dismiss a consumer’s counterclaim to a breach-of-contract suit brought by a contractor, finding the consumer did not prove he was actually injured by the contractor’s allegedly deceptive acts.
Jasper Co. farms entitled to damages, but amount must be recalculated, COA rules
A trial court ruled correctly that three Jasper County farms could recover damages from a seed company under promissory estoppel, but the court improperly calculated those damages, the Court of Appeals of Indiana ruled Wednesday.
Jury awards $3.7M to doctor after employer made him seek treatment when he was accused of being ‘on something’ at work
A jury in Louisville, Kentucky, awarded a former employee of Baptist Health Madisonville $3.7 million in damages, finding the company violated the terms of his employment contract and interfered with his future business relationships.
COA affirms, reverses, remands in broken lease case
A Court of Appeals of Indiana opinion in a case involving the breach of a lease split three ways Monday, with the appellate court affirming in part, reversing and remanding the case back to a lower court.
Student loan breach of contract ruling affirmed at COA
A student loan recipient sued for breach of contract has failed in her efforts to overturn summary judgment for the loan holder at the Court of Appeals of Indiana.
COA affirms for developer in Fort Wayne construction dispute
A subcontractor that sued a developer for breach of contract regarding payment after it completed the first phase of a construction project in Fort Wayne will not get relief from the Court of Appeals of Indiana.
Reversal: Construction company entitled to interest, attorney fees after $58K verdict
A home construction company that won a $58,500 verdict against a former client is also entitled to prejudgment interest and attorney fees, the Court of Appeals of Indiana has ruled, overturning a trial court’s denial.
Commercial court awards ex-employee $490K for unpaid bonus
An Indiana commercial court has awarded a former cleaning products salesman nearly half a million dollars plus interest in a dispute over a bonus that went partially unpaid at the start of the COVID-19 pandemic.
COA affirms for New Hampshire insurer in AES coverage dispute
An Indianapolis electricity company had its appeal zapped Monday by the Court of Appeals of Indiana after being denied a request for declaratory judgment in a coverage dispute against its former insurer.
COA: Former pet company exec had no ownership interest
The former president of a company that manufactured animal and pet products has failed to convince the Court of Appeals of Indiana that along with being an executive at the company, he also held an ownership stake.
COA: Contract only requires one side in construction dispute to arbitrate
The owners of a construction project will not be forced to take their complaint against their project’s general contractor to arbitration, but the contractor will need to arbitrate its counterclaims if the claims aren’t resolved, the Court of Appeals of Indiana has ruled.
7th Circuit finds investment firm shielded from fiduciary duty claim by power of attorney
An opinion from a state appellate court that was issued while the Southern Indiana District Court was considering a motion to dismiss in a fiduciary duty dispute did not change the federal judge’s decision to grant the motion, but it did alter the reasoning on which the 7th Circuit Court of Appeals affirmed.
COA: Surgeon entitled to salary, attorney fees in breach of contract dispute
A former Franciscan Alliance surgeon will get the money he was guaranteed in his base contract before he was fired and the attorney fees from his case in full but won’t receive any additional performance-based monies or liquidated damages from the health care provider, the Court of Appeals of Indiana has affirmed.
COA concludes genuine issues of material fact exist in roof repair breach of contract suit
The Court of Appeals of Indiana has affirmed the denial of summary judgment requests from both an Indiana roof contractor and a certified class over disputes stemming from a breach of contract case, finding genuine issues of material fact exist as to whether their contract is null and void.