Legal Opinion

Bkcap, LLC v. Captec Franchise Trust 2000-1

District Court, N.D. Indiana

Decided March 23, 2010No. Cause 3:07-cv-637PublishedCited by 3 opinions

1Opinion of the Court

OPINION AND ORDER

ROGER B. COSBEY, United States Magistrate Judge.

I. INTRODUCTION

This case is a recurring lesson on the importance of carefully drafted contract provisions. Before the Court is a flurry of motions arguing over essentially one line in the attorney fee provision existing within a series of twelve loan agreements. In the cross motions for summary judgment (Docket # 106, 108), the Defendant 1 claims that under the unambiguous language of the agreements, the Plaintiffs (also referred to as the “Borrowers”) are obligated to pay its attorney fees incurred in any dispute. The…

2Cases cited50 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  3. Sandra L. Waldridge v. American Hoechst Corp.Court of Appeals for the Seventh Circuit · 1994
  4. Barbara Payne v. Michael PauleyCourt of Appeals for the Seventh Circuit · 2003
  5. F. D. Rich Co. v. United States Ex Rel. Industrial Lumber Co.Supreme Court of the United States · 1974

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3Cited by3 opinions

  1. BKCAP, LLC v. Captec Franchise Trust 2000-1Court of Appeals for the Seventh Circuit · 2012
  2. Bank of America, N.A. v. CartwrightDistrict Court, N.D. Indiana · 2022
  3. CARPET SUPER MART, INC. v. BENCHMARK INTERNATIONAL COMPANY SALES SPECIALIST, LLCDistrict Court, M.D. North Carolina · 2020

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