Common Contracts

ORDER ON POST-TRIAL CLAIMS

July 29th, 2013

• Filed
  July 29th, 2013

This matter is before the Court for decision on several issues not resolved during the recent ten-day jury trial. On February 15, 2013, the jury returned a verdict finding (1) that Don E. Marsh (“Mr. Marsh”) breached his employment agreement (“the Employment Agreement”) with Marsh Supermarkets, Inc. (“the Company”); (2) that Mr. Marsh committed actual and constructive fraud against the Company;1 and (3) that the Company did not file a false tax information claim with the Internal Revenue Service against Mr. Marsh. The jury awarded damages to the Company in the amount of $1,400,000 on its breach of contract claim and $800,000 on its fraud claim. Various