Scott Roberts for www.the8ndaianalawyer.com

The Indiana Court of Appeals upheld summary judgment for a man who left one business partnership and started another and was later sued, ruling the statute of limitations on the disgruntled partner’s lawsuit had expired on both of his claims.

Victor DiMaggio III and Elias Rosario were business partners in a few different ventures. DiMaggio was the owner of Financial Advantage Corp., where Rosario was director and a shareholder. They formed Schererville Real Estate Holding LLC and Galleria Realty Corp. together as well. They have since had a few differences, and a few legal entanglements.

It isn’t the first time the two have appeared before the Indiana Court of Appeals. In 2008, DiMaggio filed suit against Rosario and Liberty Lakes LLC, a company Rosario started with two others to develop a patch of real estate with the same name. DiMaggio alleged Liberty Lakes usurped a corporate opportunity from Galleria, but the trial court and COA thought differently, granting and affirming summary judgment for Liberty Lakes in 2011.

Then DiMaggio filed an amended motion to the complaint, naming only Rosario and one of Rosario’s business partners. However, the business partner was dismissed from the case by the trial court in another case affirmed by the COA.

DiMaggio later claimed Rosario breached an oral contract between the two regarding the creation of Galleria, which went into debt, but the trial court said DiMaggio’s claim was past the statute of limitations. The COA agreed and said DiMaggio should have known when his complaint expired and did not do anything.

DiMaggio also alleged Rosario broke a fiduciary duty by failing to present the Liberty Lakes real estate to him and Galleria before pursuing it with Liberty Lakes LLC, but this complaint also fell past the two-year statute of limitations and therefore was not enforceable.

The case is Victor J. DiMaggio III v. Elias Rosario, 64A03-1505-PL-466.

Funds Will Be Used to Provide Employee Training Assistance

Indianapolis – Governor Mike Pence announced today that UTC Climate, Controls & Security has repaid state training grants issued by the Indiana Economic Development Corporation (IEDC) to Carrier Corporation and United Technologies Electronic Controls (UTEC), which total more than $380,000. These funds will be redeposited into the IEDC’s Skills Enhancement Fund, which provides assistance to businesses to support training and upgrading skills of employees.

“While I was extremely disappointed with Carrier and UTEC’s decision to relocate manufacturing operations and Hoosier jobs to Mexico, I appreciate their commitment to repay state and local incentives as they promised when I met with them last month,” said Governor Mike Pence. “My administration has made it a top priority to support the employees, their loved ones and the communities affected by this decision and to protect Hoosier taxpayers. Today, I am pleased to announce that these companies have repaid state and local incentives, and I thank Carrier and UTEC for following through on the commitment they made to the state of Indiana.”

On March 2, Governor Pence met with UTC Climate, Controls & Security President Robert McDonough to express his concerns and outline the state’s expectations of the company to ensure support for Carrier and UTEC employees. The company committed to each item proposed, which include:

Maintaining operations at or near current employee levels for the next three years.

• Maintaining its corporate headquarters for Carrier Corporation and UTEC in Indianapolis and Huntington, respectively, retaining 400 high-wage jobs in Indiana.
• Reimbursing the state of Indiana for all active training grants issued.
• Reimbursing all local incentives to both Indianapolis and Huntington.
• Coordinating with the Department of Workforce Development to support workforce assistance efforts.
• Offering severance packages and education stipends to all displaced employees.

“As a state, Indiana has worked tirelessly to create a pro-growth business climate and today more Hoosiers are going to work than ever before in our state’s 200-year history,” said Pence. “I am confident that this trend of new investment and job creation will continue because the benefits of doing business in the Hoosier state are clear. We remain committed to ensuring quality jobs for all Hoosiers, and these reimbursed funds will used to further support our hardworking Hoosiers, who remain Indiana’s greatest asset.”