Keith v. Data Enterprises, Inc.

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Keith v. Data Enterprises, Inc.

Case Number
A-17-0654
Court Number
Lancaster
Call Date
April 17, 2018
Case Time
9:00 AM
Case Summary

A-17-654, Brady Keith (Appellant) v. Data Enterprises, Inc.

Lancaster County, District Judge Andrew Jacobsen

Attorney for Appellant: Joshua C. Dickinson (Spencer Fane, LLP)

Attorney for Appellee: Colin A. Mues and Emily R. Motto (Baylor, Evnen, Curtiss, Grimit & Witt, LLP)

Civil: Motion to Dismiss

Action Taken by Trial Court: The District Court for Lancaster County determined that: (1) Brady’s claims for breach of contract, negligence, negligent misrepresentation, and violation of the Uniform Deceptive Trade Practices Act are barred by the applicable statute of limitations; (2) Brady failed to state a claim for relief for equitable indemnification; and (3) Brady failed to state a claim on behalf of a class. The court dismissed the case with prejudice.

Assignments of Error on Appeal: Brady assigns the district court erred in (1) determining there was no genuine issue of material fact and finding the statute of limitations had run, and (2) dying his overall indemnity claim by making a greater factual determination regarding the parties’ relationship that went well beyond a court’s role in a motion to dismiss.

Case Location
Lincoln
Court Type
District Court
Schedule Code
A1
Panel Text
Riedmann, Bishop, and Welch, Judges