American Towers LLC v. BPI, INC. et al
| American Towers LLC |
| BPI, INC. and Nationwide Mutual Insurance Co. |
| 7:2012cv00139 |
| December 3, 2012 |
| US District Court for the Eastern District of Kentucky |
| Pikeville Office |
| Floyd |
| Amul R. Thapar |
| Contract: Other |
| 28 U.S.C. ยง 1330 Breach of Contract |
| Both |
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The following documents for this case are available for you to view or download:
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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
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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
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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
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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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