By: Derek Hawkins//May 9, 2016//
7th Circuit Court of Appeals
Case Name: Knauf Insulation Inc., v. Southern Brands, Inc., et al
Case No.: 15-3157
Officials: POSNER, KANNE, and HAMILTON, Circuit Judges
Focus: Personal Guaranty – Jurisdiction
Forum selection clause and personal guaranty overcome appellants arguments against proper jurisdiction.
“These arguments have no merit. The guaranty is explicit that it covers future as well as current obligations, for re‐ member that it embraces “all obligations of the DEBTOR to the CREDITOR, howsoever created, … whether … now or hereafter existing, or due or to become due.” Under Indiana law “a continuing guaranty encompasses all transactions, including those arising in the future, that are within the con‐ templation of the agreement,” S‐Mart, Inc. v. Sweetwater Cof‐ fee Co., 744 N.E.2d 580, 587 (Ind. App. 2001)—and the Dowds’ guaranty expressly contemplated liability for future obligations of unknown magnitude. “
Affirmed