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.
Breach of Contract
Articles
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.
Siblings suing Purdue will have to release phone recordings
A brother and sister suing Purdue University over an alleged breach of contract will have to disclose their previously recorded phone conversations with school officials after the Tippecanoe Circuit Court found discovery rules demand the release of the audio.
7th Circuit finds for insurance company in adjuster’s game of chess
A public adjuster who assured an Indiana homeowners association that the way to get a claim for storm damage processed was to play a game of chess with the insurance company, got checkmated when he failed to heed the deadline for filing a lawsuit, prompting the 7th Circuit Court of Appeals to make this observation: “Such is the price of gamesmanship.”
Amended original judgment affirmed by COA in sewage leak case
The Court of Appeals of Indiana has again ruled in a messy sewage case concerning proceedings supplemental between a retail property owner and an association of property owners, affirming granted motions for the association and an amendment of the original judgment.
Siblings sue Purdue for Peru work: Brother, sister claim school promised 10% commission, Boilermakers countersue
An argument over the release of six surreptitiously recorded phone conversations is the latest turn in a lawsuit brought by two siblings claiming they connected Purdue University to millions of dollars’ worth of projects in Peru, but they have been paid less than $15,000 for their work.
COA allows students’ COVID breach complaints against IU, Purdue to proceed
Lawsuits filed by students at Indiana and Purdue universities alleging breaches of contract when the schools moved to online learning because of the COVID-19 pandemic will proceed, the Court of Appeals of Indiana has ruled.
IN justices decline to expand med-mal act to indemnity claims filed by one care provider against another
The Indiana Medical Malpractice Act does not apply to claims for indemnification filed by one medical provider against another, the Indiana Supreme Court has ruled. The court’s decision means a breach-of-contract claim filed against a radiology services provider can proceed, because the MMA’s statute of limitations did not preclude the claim.
Revocation of hospital privileges affirmed against Fort Wayne cardiologist
A Fort Wayne doctor who lost privileges at an area hospital failed to convince the Court of Appeals of Indiana that his privileges should be reinstated.
7th Circuit upholds dismissal of trailer company’s suit against insurer
A trailer company’s lawsuit brought against its insurer after the company was sued by a competitor for a breach of contract was properly dismissed, the 7th Circuit Court of Appeals has affirmed.
COA reverses judgment for general contractor in dispute with loan broker
The Court of Appeals of Indiana has reversed for a general contractor after it found the Marion Superior Court erroneously awarded a mortgage servicer judgment in a breach-of-contract dispute.
COA splits over liquidated damages award in breach of contract suit
A dentist who was fired from her job just weeks after starting because she refused to lower her compensation could not convince the Court of Appeals of Indiana that she should get to keep more than $45,000 in liquidated damages from her breach of contract suit.