VON DUPRIN LLC v. MORAN ELECTRIC SERVICE, INC. et al
||VON DUPRIN LLC
||MAJOR HOLDINGS, LLC and MORAN ELECTRIC SERVICE, INC.
||July 22, 2016
||US District Court for the Southern District of Indiana
||Debra McVicker Lynch
||Tanya Walton Pratt
|Nature of Suit:
|Cause of Action:
||42:9607 Real Property Tort to Land
|Jury Demanded By:
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|February 11, 2019
ENTRY ON THE PARTIES' CROSS-MOTIONS FOR SUMMARY JUDGMENT - For the reasons stated above, Von Duprin's Motion for Partial Summary Judgment on Section 107 (a) Liability, (Filing No. 133 ), is DENIED. Moran's Cross-Motion for Partial S ummary Judgment, (Filing No. 138 ), is GRANTED. All claims against Moran remain for resolution at trial, but Moran is not jointly and severally liable on Count I, it is liable only for the proportion of the harm it caused. The Major Defendants 39; Cross-Motion for Summary Judgment against Plaintiff and Motion for Summary Judgment Against Cross-Claimant, (Filing No. 141 ), is GRANTED in part and DENIED in part. Both claims against the Major Defendants remain for resolution at trial, but like Moran, they are liable only for the proportion of the harm they caused. Additionally, they are not liable for any contamination emanating from the Zimmer Packaging Facility or the Moran property because they are bona fide prospective purchas ers of those parcels of land. The Major Defendants' Motion for Summary Judgment against cross-claimant Moran is DENIED. Thus, both cross-claims (Filing No. 52 ; Filing No. 70 ) remain to be resolved at trial. (See Entry.) Signed by Judge Tanya Walton Pratt on 2/11/2019. (NAD)
|May 8, 2017
ORDER ON MOTION TO DISMISS - For the reasons stated above, the Court DENIES Moran's Motion to Dismiss. (Filing No. 17 ). Signed by Judge Tanya Walton Pratt on 5/8/2017. (JLS)
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