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Breach of Contract – Damages
By: Derek Hawkins//March 3, 2020//
Listen to this article7th Circuit Court of Appeals
Case Name: Ricardo H. Abellan v. Lavelo Property Management, LLC,
Case No.: 18-3695
Officials: WOOD, Chief Judge, and BAUER and HAMILTON, Circuit Judges.
Focus: Breach of Contract – Damages
A New York owner of a fast-food property in Illinois, which was rented by an Arizona tenant, sold the property to buyers in California. Just after the sale, however, the tenant declared bankruptcy and never paid a nickel in rent to its new landlord.
This lawsuit followed. A jury found the purchase agreement rescindable for mutual mistake and the sellers liable for fraud and breach of contract. The buyer, plaintiff-appellee Ricardo Abellan, as trustee of a family trust, took his remedy in damages for a judgment of more than $2 million against defendant-appellant Lavelo Property Management, LLC. “It takes a lot to set aside a jury verdict,” Valdivia v. Twp. High School Dist. 214, 942 F.3d 395, 396 (7th Cir. 2019), and this appeal by Lavelo falls well short. We affirm.
Affirmed
Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.
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