COA dismisses 4-year-old suit against nursing home
A woman who sued a Noblesville nursing home over her mother’s care that she claimed was negligent failed to persuade the Indiana Court of Appeals to reinstate her civil lawsuit.
Breach of Contract
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Trial court ruling against city to enforce mediation deal reversed
A northern Indiana trial court erred in ordering the city of Plymouth to enforce a mediation settlement agreement to pay a contractor $130,000 because terms of the agreement had not been fulfilled, an appellate panel ruled Wednesday.
Lawsuits hatch from egg contract that spoiled
Less than a month after an Indiana jury delivered a $1.46 million verdict against Evansville-based Rexing Quality Eggs, the contract dispute was still going, with the parties arguing at the 7th Circuit Court of Appeals over the return of plastic egg packing materials.
Jury awards million-dollar verdict in egg dispute
An Evansville-based egg buyer suffered a $1.46 million jury verdict in late November over a broken agreement to buy more than 100 million eggs, but a piece of the fight involving egg packing materials will continue Tuesday before the 7th Circuit Court of Appeals.
Litz & Eaton co-founder facing three lawsuits, including one from his former partner
Three new lawsuits have been filed against one of the co-founders of floundering Indianapolis residential development firm Litz & Eaton — including one suit that could tee up a legal fight with his former business partner.
Jury vindicates Terre Haute company in California aircraft crash suit
A Terre Haute aviation-services company that was sued for more than $455,000 in damages after an agriculture aircraft crashed on takeoff prevailed in a unanimous defense verdict handed down in a California trial court.
Justices steer defective dump-truck suit back to trial court
A lawsuit alleging an Indianapolis manufacturer delivered dozens of defective dump trucks in 2005 has taken a U-turn back to the trial court after the Indiana Supreme Court found it could not grant summary judgment sought by the truck builder in litigation brought against it by the truck buyers.
Supreme Court reduces interest for IBM in dispute with state
The Indiana Supreme has once again revisited the years-long dispute between the state and IBM Corp., issuing an opinion on rehearing that provides more detail on the post-judgment interest due to IBM.
Maxim party host that sued IMS, then lost $75K in countersuit, loses appeal
A federal appeals court upheld a jury’s award of $75,000 to Indianapolis Motor Speedway in a breach of contract lawsuit brought by an event-planning company that had sued IMS due to poor ticket sales at a party marking the 100th running of the Indy 500.
COA rules for tenant in landlord’s breach of contract case
An apartment tenant facing eviction who alleged his landlord failed to take keep the space safe, clean and habitable won favor from an appellate panel Tuesday.
COA rules for buyers in Zionsville real estate dispute
The Indiana Court of Appeals has affirmed that a settlement agreement between the buyers and sellers of Zionsville real estate was valid and enforceable, rejecting the seller’s arguments that a trial court erred by excluding emails between the parties’ attorneys.
Divided COA voids casino tax-sharing agreement
A city and county’s agreement to share tax revenue from a southeastern Indiana riverboat casino is void, an Indiana Court of Appeals majority ruled, but a dissenting judge held that the agreement should continue.
COA reinstates car seller’s defamation, breach suit
An auto financing company took a hit after the Indiana Court of Appeals reinstated a car dealer’s breach of contract and defamation complaints in a dispute over vehicles purchased at auction.
RV manufacturer prevails against warranty breach claims
Although sympathetic toward a couple who bought an RV riddled with problems, the 7th Circuit Court of Appeals affirmed an award of judgment for the RV’s manufacturer after finding no breach of the warranty or its provisions.
COA affirms breach of contract, reverses malicious prosecution rulings
The Indiana Court of Appeals has partially affirmed a ruling against an automotive maintenance company in a breach of contract dispute with its landlord, while reversing in the company’s favor on its malicious prosecution claims.
7th Circuit strips judgment for Emmis, rules for insurer
A federal appeals court reversed a breach-of-contract ruling for media company Emmis Communications Corp. arising from a shareholder dispute. The 7th Circuit Court of Appeals ruled the district court should have found in favor of Emmis’ insurer instead.
7th Circuit: Finish Line, resale company’s breach dispute rightly tossed
A shoe resale company couldn’t convince the 7th Circuit Court of Appeals that its contract with Indianapolis-based Finish Line Inc. was breached, or that the language of the parties’ agreement was ambiguous and provided for an extension.
Land sale proceeds ordered released in long-running Bloomington dispute
The Monroe Circuit Court’s latest orders in a real estate dispute dating to 2002 were largely affirmed Friday, but the Indiana Court of Appeals ordered the trial court to release proceeds of a land sale that it had been retaining.
IBM awarded post-judgment interest to 2017 in long-running dispute
In its second opinion issued in the years-long dispute between Indiana and IBM Corp. over the failed contract to create a new Hoosier welfare system, the Indiana Supreme Court has allowed IBM to collect post-judgment interest on its $49.5 million damages award. However, that interest will date back only to a 2017 judgment on remand, not the original judgment entered in the company’s favor in 2012, and only serves as an offset to the greater sum IBM owes the state.
7th Circuit: German company lacks evidence to support yacht-related damages
A German company has failed to convince the 7th Circuit Court of Appeals that it should be awarded more than $1 million in damages for a yacht it purchased from an Indiana boat manufacturer.