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Tuesday, May 03, 2016

Ind. Decisions - 7th Circuit decides one Indiana case today

In Knauf Insulation v. Southern Brands (SD Ind., Barker), a 10-page opinion, Judge Posner writes:

For many years SBI was delinquent in paying Knauf for the insulation it bought. By 2012, when Knauf filed this suit against both SBI and the Dowds (who in 2003 had signed a personal guaranty of their company’s debt to Knauf), SBI owed Knauf more than $3.5 million. Originally filed in an Indiana state court, the suit was removed to federal district court, the parties being of diverse citizenship. Indiana law is agreed to govern the issues presented by the suit. The district judge granted summary judgment in favor of Knauf, and her final judgment awarded it the money owed by SBI plus interest on that debt. * * *

[J.Posner finds Dowds' arguments against its personal guaranty without merit. As for SBI’s counterclaim under the Sherman Act, Posner has an interesting discussion, beginning on p. 6 and running through p. 9, re statutes of limitations and statutes of respose.]

And so the judgment of the district court is AFFIRMED.

Posted by Marcia Oddi on May 3, 2016 01:35 PM
Posted to Ind. (7th Cir.) Decisions