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Tuesday, February 12, 2013

Ind. Decisions - 7th Circuit decides two Indiana cases today

Actually, make that one. Grote v. Sebelius, posted by the Court today, was released in typescript Jan. 30th and posted by the ILB here under the heading "7th Circuit 2-1 panel reverses Judge Barker in Grote and consolidates Grote with Korte."

In Lock Realty v. U.S. Health (ND Ind., Miller), a 21-page opinion, Judge Wood writes:

These appeals represent the end of the line for a long-running dispute over a nursinghome lease between Lock Realty Corporation IX (the lessor) and U.S. Health (the lessee) and Americare (the lessee’s assignee). For simplicity, we refer to the defendants as Americare unless the context requires otherwise. Between Americare’s appeal and Lock’s crossappeal, we are presented with a potpourri of issues covering everything from the propriety of a partial summary judgment in Lock’s favor to the district court’s attorneys’ fee decision. The most complex question, however, relates to our appellate jurisdiction—a subject on which we requested supplemental briefing after oral argument. After reviewing the parties’ submissions, we are satisfied that our jurisdiction is secure. On the merits, we find no reversible error in the various rulings of the district court that the parties have highlighted, and so we affirm. * * *

It is unfortunate that this litigation spun so far out of control. The long delays that punctuated the course of proceedings, even if motivated by hopes of reaching settlement or at least an agreed way to move forward, in the end helped no one. As we said at the outset, the issues before us now represent the end of the line. The district court did not abuse its discretion in the rulings brought before us for review. We therefore AFFIRM the judgments of the district court in all three appeals. Costs are to be taxed against U.S. Health and Americare. 2

Posted by Marcia Oddi on February 12, 2013 12:23 PM
Posted to Ind. (7th Cir.) Decisions