Search for: "Speedway SuperAmerica, LLC"
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22 May, 2008 6:26 pm
... DATE RENDERED: 3/20/2008 The contract involved in the Court of Appeals case Speedway SuperAmerica, LLC v. Erwin, 2007-CA-000451-MR (March 21, 2008)(to ... on Hargis v. Baize, 168 S.W.3d 36 (Ky. 2005). Speedway
appealed and argued that rule only applied to pre-injury releases and, instead, ... less sophisticated Sebert and trying to have all the protection and none of the risk, Speedway made their contract unenforceable. This is a narrow holding by the Court is that such indemnification provisions are ...
30 May, 2007 7:01 am
... court supporting the 89 million dollar gas price gouging suit filed against Marathon Petroleum Company and Speedway SuperAmerica by
the Commonwealth of Kentucky two weeks ago. The filing comes as Marathon's lawyers fight a motion to ... are permitted to represent Governor Fletcher in a variety of matters. Despite
that contract, the motion alleges that Frost, Brown, Todd, LLC, on behalf of Marathon now improperly challenges the power of their own client,
Governor Fletcher, to issue Executive Orders ...
14 Nov, 2007 4:15 am
... State: Stephen Creason, Indianapolis, IN. This Thursday, Nov. 15th: 9:00 AM - Speedway Superamerica LLC v. Gerald Holmes - Holmes filed a complaint for damages against ... fuel. The Lake Circuit Court entered judgment on a jury verdict for Holmes.
Thereafter, Speedway filed several post-trial motions relating to a belatedly disclosed pair of jeans ... 2007) [See ILB summary of the 2-1 COA
opinion here - 2nd case]. Speedway has petitioned the Supreme Court to accept jurisdiction over the appeal. Attorneys ...
30 May, 2008 12:29 pm
In Harney, Brian v. Speedway SuperAmerica (SD Ind., J. McKinney), a 16-page opinion, Judge Bauer writes: Plaintiffs brought a class
action lawsuit against their employer, Speedway SuperAmerica LLC, alleging that the manner in
which Speedway pays and forfeits its employees' bonuses violates Indiana's Wage Payment Statute and Wage Claims Statute. The district court
granted summary judgment to Speedway, finding that Plaintiffs' bonuses did not constitute "wages" under Indiana law, and ...
22 Apr, 2007 4:16 am
... its economic loss if it wants to move or otherwise cease to be the tenant during the term of the lease. In SPEEDWAY SUPERAMERICA,
LLC, v. TROPIC ENTERPRISES, INC., SUNOCO, INC. (R&M), and MASCOT PETROLEUM COMPANY, INC., the lease provided that "Lessee shall not assign
or transfer ... on this issue, then the duty of commercial reasonableness would not have been applicable. SPEEDWAY SUPERAMERICA,
LLC, Appellant, v. TROPIC ENTERPRISES, INC., SUNOCO, INC. (R&M), and MASCOT ...
14 May, 2007 11:10 am
... not been removed as A.V.'s guardian, we reverse and remand. In Speedway SuperAmerica LLC
v. Gerald Holmes and Madeline Holmes, an 18-page opinion ... not include the actual newly discovered evidence, the trial court properly denied Speedway's motion. As we also find that this newly discovered evidence could have ... judgment to establish that no diesel fuel had ever come in contact with
the trousers. Speedway failed to present any evidence to this court that it could not have discovered this evidence ...
28 Dec, 2007 12:41 pm
... -managerial tasks and close supervision by her district manager. The case - Thomas v. Speedway SuperAmerica, LLC, No. 04-00147 (6th Cir. 2007) - involved ... stated that if the store manager "failed to perform her nonmanagerial duties, her Speedway station would still function, albeit much less effectively. After all ... store manager as exempt, the case highlights the importance of properly
classifying employees. If Speedway had been wrong in its classification, it would have owed the store manager tens ...
11 Nov, 2007 10:11 am
... Judge. Plaintiff Mabel Kay Thomas ("Thomas") appeals the district court's grant of summary judgment in favor of Speedway
SuperAmerica LLC ("Speedway"), which denied her claims for unpaid overtime wages under both
federal and state law. The ... on appeal is whether Thomas's primary duty consisted of management, which is a requirement of the executive-employee exemption. We find that
Speedway has satisfied its burden on this issue and AFFIRM the district court's judgment. 07a0437p.06 Bailey v. Port ...
28 Dec, 2007 2:00 pm
... recently held that a small store manager was exempt from the FLSA's overtime requirements despite her performance of non-managerial tasks and close supervision by her district
manager. The case - Thomas v. Speedway SuperAmerica, LLC, No. 04-00147 (6th Cir. 2007) -
involved a Speedway gas station and convenience store manager who Speedway claimed was an exempt
"executive employee" under the Fair Labor Standards Act. Even though the store ...
4 Apr, 2008 8:42 am
The Court of Appeals published, Speedway Superamerica, LLC v. Erwin, which dealt with
contractual indemnity and the extent to which such clauses would be enforced. Erwin entered into a contract with Speedway to perform basic
services. He was injured while performing his duties allegedly as a result of Speedway's negligence. His contract contained language that [...]
15 May, 2008 10:34 am
In Speedway SuperAmerica, LLC v. Gerald and Madeline Holmes, a 13-page, 5-0 opinion, Justice
Boehm writes: In this case the prevailing party at trial discovered potentially highly relevant and favor-able evidence ten days ... . The unusual circumstances surrounding this case
lead us to conclude that equity requires a new trial. * * * The order of the trial court denying Speedway's Motion to Correct Error and for
Relief from Judgment under Indiana Trial Rules 59 and 60 is reversed, and ...
16 Nov, 2007 10:07 am
The Supreme Court has now granted transfer in the case of Speedway Superamerica LLC v. Gerald
Holmes. Oral arguments on the petition to transfer were held Nov. 15th - see this ILB entry. The complete transfer list will be posted later today.
1 Jul 12:41 pm
For publication opinions today (2): In Martin Oil Marketing, LTD and Speedway SuperAmerica, LLC v. John L. Katzioris , a...
24 May, 2007 7:13 pm
... court supporting the 89 million dollar gas price gouging suit filed against Marathon Petroleum Company and Speedway SuperAmerica by
the Commonwealth of Kentucky two weeks ago. The filing comes as Marathon's lawyers fight a motion to ... are permitted to represent Governor Fletcher in a variety of matters. Despite
that contract, the motion alleges that Frost, Brown, Todd, LLC, on behalf of Marathon now improperly challenges the power of their own client,
Governor Fletcher, to issue Executive Orders ...
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