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.
Breach of Contract
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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.
Judgment for IndyCar upheld in Panther Racing suit
The Indiana Court of Appeals on Thursday affirmed that a sponsorship agreement between IndyCar and a now-defunct racing team did not prevent IndyCar from providing another team access to space in the Fan Village at races on the circuit.
COA refuses to side with ‘combative’ contractor
An Indianapolis home-improvement contractor who threatened a homeowner who hired him then stormed off the jobsite after police had to be called lost his appeal Thursday of judgment in the homeowner’s favor.
COA upholds judgment for university against former employees
The Indiana Court of Appeals affirmed the denial of two former Oakland City University employees’ claims against the school and its president, concluding they were not fraudulently induced into their employment or fired in retaliation for uncovering misuse of public funds.
Indianapolis airport authority prevails in hotel lease termination suit
A hotel in partnership with the Indianapolis International Airport that failed to meet its rebranding requirements also failed to convince an Indiana Court of Appeals that its lease agreement should not have been terminated.
Local lender files $20M lawsuit against fast-food franchisee
An Indianapolis-based company that specializes in lending money to restaurant franchisees has filed a $20 million lawsuit against the operator of 70 fast-food restaurants in Indiana and three other states, claiming it breached its loan agreements by defaulting on payments and failing to properly run its franchises.
Greenwood HOA fight goes back to trial court for damages hearing
A long-running fight over homeowner association fees and how they were assessed in a Greenwood housing development will return to a trial court to determine damages the HOA is entitled to from a developer and homebuilder that paid no assessments for several years.
7th Circuit dismisses fiberoptic trespass case over non-final judgment
Lack of jurisdiction prompted the 7th Circuit Court of Appeals’ dismissal of an Indiana man’s claims against a utility company Thursday, after it concluded the conditional dismissal of his claims against the company rendered the judgment non-final.
State, IBM spar over damages during Supreme Court oral arguments
It’s been roughly nine years since a hard-fought legal battle over the creation of a new Hoosier welfare system ensued between the state of Indiana and IBM Corp. And on Thursday, the long-lasting litigation returned to the Indiana Supreme Court, which this time must answer a multi-million-dollar damages question.
Justices consider timeliness of breach of contract complaint
A timeliness dispute between a dump truck manufacturer and one of its customers focusing on when causes of action accrued in the case went before the Indiana Supreme Court for oral arguments late last week.