Articles

COA affirms breach, fraud, unjust enrichment claims brought by bank

A bank that brought breach of contract, fraud and unjust enrichment claims against its loanee won each of those claims on appeal, but failed to state a claim that the loanee violated the “usual and customary practices” laid out in its participation agreement, according to a Friday opinion from the Indiana Court of Appeals.

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COA upholds $78 million for state in IBM suit, awards IBM interest

The Indiana Court of Appeals has upheld a $78 million judgment in favor of the state and against IBM Corp. that was awarded as part of a long-running legal battle stemming from IBM’s breach of a contract to redesign the state’s welfare system in 2006. But the court also ordered the state to pay post-judgment interest to IBM on a $49.5 million damages award it previously received, overturning a lower court ruling on that issue.

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Justices agree to hear jury instruction, non-compete cases

The Indiana Supreme Court granted transfer to two cases last week, including to a decision that gave a defendant the opportunity for a retrial after the Indiana Court of Appeals determined a jury instruction on “fleeing” law enforcement was fundamentally erroneous.

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IndyCar awarded $3.9M for scrubbed Boston races

A race organizer’s failure to bring promised IndyCar Boston Grand Prix Labor Day weekend races to the finish line has resulted in an award of nearly $4 million in damages to the Indianapolis-based open-wheel racing series, but it’s unclear how much IndyCar may be able to recoup from bankrupt promoters.

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Denial of damages in cellphone vendor breach affirmed

An Indiana company that breached a contract to pay referral fees to a chain of Pennsylvania cellphone stores that signed up Verizon customers years ago owes nothing to the party that proved the breach, the 7th Circuit Court of Appeals affirmed Thursday.

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Appellate court orders dismissal of widow’s tort claims

A widow who sued her husband’s employer for various breach and fraud allegations will not be able to continue her case after the Indiana Court of Appeals instructed the trial court to dismiss her claims on remand for failure to comply with the Indiana Tort Claims Act.

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COA affirms defamation verdict but tosses punitive damages

The Indiana Court of Appeals deconstructed a tangle of lawsuits erupting over allegations of theft of more than $1 million from a home building company and ruled that although the accused was found to have breached his fiduciary duty and wrongly taken money, he was still defamed by his accuser.

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COA: Charter school suit requires tort claim notice

An Indiana trial court properly granted summary judgment in favor of a charter school organizer under the Indiana Tort Claims Act because an organizer and charter school jointly make up the statutory definition of a “charter school,” the Indiana Court of Appeals ruled Monday. The appellate panel also upheld the constitutionality of classifying a charter school as a “governmental entity.”

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