Legal Opinion · Concurring in part, dissenting in part

American Consulting, Inc. d/b/a American Structurepoint, Inc. v. Hannum Wagle & Cline Engineering, Inc. d/b/a HWC Engineering, Inc., Marlin A. Knowles, Jr., Jonathan A. Day, Tom Mobley

Indiana Court of Appeals

Decided May 23, 2018No. 49A02-1611-PL-2606Published

1Concurring in part, dissenting in partRiley, Judge

*596[64] I agree with the majority's decision that the HWC Parties are not entitled to summary judgment with respect to ASI's claims of tortious interference and breach of contract. Therefore, I concur with respect to these issues. However, I respectfully dissent from the majority's determination that the trial court erroneously granted summary judgment to the HWC Parties on ASI's claims for liquidated damages.

[65] In this case, the trial court determined that the liquidated damages clauses in each of the employment contracts are unenforceable as a matter of law, in part, because the liquidated…

2Cases cited6 opinions

  1. Gershin v. DemmingIndiana Court of Appeals · 1997
  2. Art Country Squire, L.L.C. v. Inland Mortgage Corp.Indiana Court of Appeals · 2001
  3. Hahn v. Drees, Perugini & Co.Indiana Court of Appeals · 1991
  4. Harbours Condominium Ass'n, Inc. v. HudsonIndiana Court of Appeals · 2006
  5. Merrillville Conservancy District v. Atlas Excavating, Inc.Indiana Court of Appeals · 2002

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