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Thursday, September 01, 2011

Ind. Decisions - No Indiana decisions from 7th Circuit today

But you've gotta luv an opinion that begins:

This case proves the maxim that, in appellate briefing, bluster is inversely proportional to merit. This diversity action is a simple breach of contract case seeking money damages, brought well within the applicable Illinois statute of limitations. The defendant contends that the action nevertheless should be barred by the equitable doctrine of laches. Unsupported by any case law in Illinois or the Seventh Circuit, the undeterred defendant concedes that it can produce no evidence in support of a key element of its defense: prejudice. The defendant attempts to fill the gaps in law and evidence with exaggerated outrage. The district court was not persuaded and neither are we. We affirm the district court’s grant of summary judgment in favor of the plaintiff.
The Nature Conservancy v. Wilder Corp. of Delaware

Posted by Marcia Oddi on September 1, 2011 01:40 PM
Posted to Ind. (7th Cir.) Decisions