Breach of Contract - The Indiana Lawyer

IBM awarded post-judgment interest to 2017 in long-running dispute

June 26, 2019

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

June 25, 2019

A German company has failed to convince the 7^th 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

June 6, 2019

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

May 23, 2019

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

April 18, 2019

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

April 18, 2019

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

April 18, 2019

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

April 11, 2019

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

April 5, 2019

Lack of jurisdiction prompted the 7^th 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

February 21, 2019

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

February 18, 2019

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.

7th Circuit dismisses ex-bank worker’s appeal of district court remand to state court

February 7, 2019

A former bank employee lost his appeal of a remand order that moved his lawsuit from federal to state court and imposed sanctions for wrongful removal, with the 7^th Circuit Court of Appeals finding there was no abuse of discretion and that the untimeliness of the initial removal to federal court was not made in ignorance.

Court reverses judgment for buyer in soured land-sale deal

November 2, 2018

A Marion Superior judge clearly erred in excluding a contract as evidence, then wrongly ruled for the defendant in a lawsuit arising from a home sale agreement she backed out of, the Indiana Court of Appeals determined Friday.

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

October 26, 2018

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.

COA affirms denial of summary judgment to dump truck manufacturer in timeliness dispute

September 28, 2018

A divided Indiana Court of Appeals affirmed the denial of summary judgment to a dump truck manufacturer who unsuccessfully argued that its customer filed an untimely complaint against the manufacturer and that genuine issues of material fact existed when causes of action accrued.

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

September 28, 2018

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.

Justices agree to hear jury instruction, non-compete cases

September 4, 2018

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.

IndyCar awarded $3.9M for scrubbed Boston races

August 24, 2018

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.

Supplier that ‘ghosted’ hotel ordered to pay nearly $300K

August 7, 2018

A lighting supplier that failed to deliver almost $100,000 worth of fixtures for a South Bend hotel renovation — then failed to respond to a resulting breach of contract lawsuit — has been ordered to pay treble damages and fees approaching $300,000.

COA allows Indiana-Arkansas breach of contract dispute to continue in Indiana

August 6, 2018

A breach of contract dispute between business owners in Indiana and Arkansas will continue in Indiana courts after the Indiana Court of Appeals reversed the dismissal of the Indiana-filed complaint for lack of personal jurisdiction.

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