Initial disclaimer: two different courts, a different legal scenario, and I think the Indiana Court of Appeals probably got it right here. In Meridian North Investments v. Sondhi, decided today, Meridian North was the landlord and Sondhi-Biggs Orthodonics was the tenant. Dr. Sondhi, owner of Sondhi-Biggs, signed the lease on behalf of Sondhi-Biggs. Later, he slipped on some ice and fell, allegedly because Meridian North was negligent in maintaining the premises. The lease contained exculpatory clauses where the tenant said it wouldn’t hold the landlord liable for negligently maintaining the premises. The Court of Appeals said that those clauses didn’t bind Dr. Sondhi because Sondhi-Biggs, and not Dr. Sondhi, was the signatory on the lease. As an agent, he waived liability asserted by Sondhi-Biggs but not himself.
And, yet, under Burwell v. Hobby Lobby, Sondhi-Biggs could assert rights and exemptions from general regulations under the Religious Freedom Restoration Act (and perhaps Indiana’s pending state version) based on Dr. Sondhi’s religious beliefs.
I suppose I’m just taking another opportunity to vent about the inconsistency in how and when we recognize the corporate form. It’s a government created legal fiction designed to limit personal responsibility. It has it’s uses, but that form should be recognized or not consistently.