American Towers LLC v. BPI, INC. et al
Plaintiff: American Towers LLC
Defendant: BPI, INC. and Nationwide Mutual Insurance Co.
Case Number: 7:2012cv00139
Filed: December 3, 2012
Court: US District Court for the Eastern District of Kentucky
Office: Pikeville Office
County: Floyd
Presiding Judge: Amul R. Thapar
Nature of Suit: Contract: Other
Cause of Action: 28:1330 Breach of Contract
Jury Demanded By: Both

Available Case Documents

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Date Filed Document Text
September 14, 2015 Opinion or Order Filing 223 MEMORANDUM OPINION & ORDER: (1) BPI's motion for a ruling on the measure of damages, R. 209 , is GRANTED. The measure of damages is the difference between the value of the road BPI built and the road BPI was obligated to build under the MCA. (2) BPI's motion for summary judgment against Nationwide, R. 213 , is GRANTED. Nationwide's CGLI policy provides BPI with coverage to the extent that BPI is liable on ATC's damages claims. (3) ATC's motion for summary judgment against Nationwide, R. 215 , is GRANTED. (4) Nationwide's motion for summary judgment against BPI and ATC, R. 214 , is DENIED. Signed by Judge Amul R. Thapar on 9/14/2015. (TDA) cc: COR
December 17, 2014 Opinion or Order Filing 190 MEMORANDUM OPINION & ORDER: 1) CVE's motion for s/j 168 is GRANTED. BPI's cross-motion for s/j 174 is DENIED. 2) McVey's motion for s/j against BPI 169 is GRANTED IN PART as to common-law indemnification & DENIED IN PART as to contractual indemnification. BPI's cross-motion for s/j against McVey 175 is DENIED. 3) McVey's motion for s/j against CVE 170 is GRANTED. Signed by Judge Amul R. Thapar on 12/17/2014. (RKT) cc: COR
December 11, 2014 Opinion or Order Filing 189 MEMORANDUM OPINION & ORDER: the parties' motions for summary judgment 136 & 140 are DENIED WITHOUT PREJUDICE. The Court will entertain renewed motions for summary judgment after the Supreme Court of Appeals of West Virginia answers the certified questions form the previous order 163 . Signed by Judge Amul R. Thapar on 12/11/2014. (RKT) cc: COR
August 4, 2014 Opinion or Order Filing 162 MEMORANDUM OPINION & ORDER: 1) American Towers' motion for s/j 139 is GRANTED IN PART & DENIED IN PART. American Towers is entitled to s/j regarding breach, because BPI failed to consult a geotechnical engineer as required by the contract. In all other respects, American Towers' motion is DENIED. 2) BPI's motion for s/j 138 is DENIED. Signed by Judge Amul R. Thapar on 8/4/2014.(RKT)cc: COR
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Plaintiff: American Towers LLC
Represented By: Christopher Ray McDowell
Represented By: Christen M. Steimle
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Defendant: BPI, INC.
Represented By: Lee A. Smith
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Defendant: Nationwide Mutual Insurance Co.
Represented By: Kellie Marie Collins
Represented By: J. Dale Golden
Represented By: Drew Byron Meadows
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