ACHERON MEDICAL SUPPLY, LLC v. COOK MEDICAL INCORPORATED et al
| ACHERON MEDICAL SUPPLY, LLC |
| COOK MEDICAL INCORPORATED and COOK MEDICAL LLC |
| 1:2015cv01510 |
| September 25, 2015 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Denise K. LaRue |
| William T. Lawrence |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| None |
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Filing
148
FINDINGS OF FACT AND CONCLUSIONS OF LAW FOLLOWING BENCH TRIAL; A bench trial was held in this case before the undersigned beginning on April 23, 2019, on the counterclaim of Cook Medical LLC ("Cook"). The Court, having considered the evidence submitted at trial, as well as the parties' post-trial submissions, hereby makes the following findings of fact and conclusions of law. The Court finds that Acheron's inability to obtain an FSS constitutes a ma terial breach of the Agreement, but that, by operation of the force majeure clause in the Agreement, Acheron is not liable to Cook for that breach. Alternatively, the Court finds that even if the force majeure clause did not apply, Cook would not be entitled to repayment of the commissions it paid to Acheron under the Agreement. Accordingly, the Court finds in favor of Acheron and against Cook on Cook's counterclaim. Signed by Judge William T. Lawrence on 6/24/2019. (CKM)
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Filing
91
ORDER granting Plaintiff's 53 Motion for Summary Judgment; denying Defendant's 56 Motion for Summary Judgment; granting Plaintiff's 73 Motion to Amend/Correct; denying Defendant's 79 Motion for Leave to File a Surreply. ***SEE ORDER*** Signed by Judge William T. Lawrence on 9/28/2017. (JDC)
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Filing
49
ORDER granting in part and denying in part Plaintiff's 40 Motion to Compel. Signed by Magistrate Judge Denise K. LaRue on 9/29/2016. (CBU)
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