Today’s discussion looks at numerous recent cases ranging from the use of unsigned depositions at summary judgment, the possible need to provide details in support of damages calculations for actions sounding in breach of contract, whether Goodwin and Rogers apply to duty analyses beyond premises liability, the grounds for awarding class-action attorney fees, the scope of specific personal jurisdiction under Indiana law, and then take a deeper dive into the Seventh Circuit’s opinion affirming a bankruptcy court’s decision to pierce a corporate veil in order to attach a $7.5m judgment held by a former shareholder against the lone remaining shareholder.
This week, we look to the recent Court of Appeals of Indiana decision in Tucker v. Tom Raper, Inc., which held that third-party beneficiary claims can be brought on oral contracts. Tucker is the first case in Indiana to so hold.
This week’s discussion returns to interpretation of the AIA Standard Construction Contract through a rehearing on the case Allen County Public Library v. Shambaugh & Son, L.P. The post also looks at a very meaningful development in the ability to cite unpublished cases to Indiana courts.
Seventh Circuit Permits Parol Evidence to Prove Fraud in the Inducement Despite Lack of Fraud in Integration Clause
In this week’s post, we take a look at the recent Seventh Circuit case Judson Atkinson Candies, Inc. v. Kenray Associates, Inc. that held that parol evidence could be used to prove fraud in the inducement of a contract – a settlement agreement and covenant not to execute – even though the contract contained an integration clause. The decision reversed a trial court decision holding that parol evidence could only be used to show that the integration clause itself was the product of fraud.