State of Indiana

01/26/2023 | Press release | Distributed by Public on 01/25/2023 23:12

[SUPREME] Hoosier Contractors, LLC v. Sean Gardner, No. 22S-CT-00381

Hoosier Contractors sued Gardner for breach of contract. Gardner counterclaimed on behalf of himself and a class of those similarly situated, alleging violations of the Home Improvement Contractors Act, and a class was certified. The Hamilton Superior Court later denied Hoosier's motion to decertify the class but issued an order requiring the notice of class action to advise potential class members that they could be liable for Hoosier's attorney fees if Hoosier prevailed at trial. The Court of Appeals affirmed. Hoosier Contractors, LLC v. Gardner, 190 N.E.3d 359 (Ind. Ct. App. 2022), vacated. The Indiana Supreme Court has granted a petition to transfer and assumed jurisdiction over the case.