This week’s post focuses on the recent Indiana Supreme Court decision Johnson v. Wysocki that seems to have once and for all allowed for legal action against a seller of real property for knowingly filling out a sales disclosure form with inaccurate information.
This week’s discussion looks at the potential timing limitations that can impact a claim filed against a defendant who has deceased. The discussion is done in the confines of Indiana’s Probate Code and the recent Indiana Court of Appeals case Mayer v. Davis.
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.
This installment of the Hoosier Litigation Blog provides a discussion of the Supreme Court’s recent use of Comcast Corp. v. Behrend to vacate class certification in a number of cases including the Seventh Circuit’s decision in Butler v. Sears.