7th Circuit Court of Appeals
Columbus Regional Hospital v. Federal Emergency Management Agency
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms summary judgment in favor of FEMA on the hospital’s lawsuit seeking $20 more in federal aid following a flood in 2006. Holds the District Court is the proper venue for the hospital’s lawsuit. Rejects the hospital’s claims that it is entitled to the cost of new equipment instead of cost less depreciation and that FEMA should not have deducted from the aid the $25 million it received from insurance.
Indiana Court of Appeals
Fredrick Allen Laux v. State of Indiana
Post conviction. Affirms denial of petition for post-conviction relief. Laux, who received a sentence of life without parole for killing his wife, failed to show he received ineffective assistance of his trial or appellate counsel.
Ralph Pipkin v. State of Indiana
Criminal. Dismisses Pipkin’s motion to dismiss the charge of Class D felony failure to register. Finds the appeals court lacks jurisdiction to hear the appeal.
State Farm Fire and Casualty Company v. Riddell National Bank
Civil plenary. Affirms denial of State Farm’s motion to dismiss a suit brought by Riddell after State Farm denied coverage. Concludes the unambiguous contract and statutory language void the one-year limitation period in the parties’ contract and, pursuant to the policy’s conformity to state law provision, the 10-year statute of limitations provided by Indiana Code 34-11-2-11 applies and Riddell’s claim was timely.
In Re: The Matter of: David Woodward Cook v. Beth Ann Cook
Protective order. Reverses denial of David Cook’s motion to correct error and remands for a hearing on the merits of his motion. Cook challenged an order for protection and requested the deletion of his name and information from the Judicial Technology and Automation Committee website and law enforcement databases.
In the Matter of: Am.K., A Child In Need of Services and A.M. v. Marion County Department of Child Services and Child Advocates, Inc.
Juvenile. Affirms in part, reverses in part and remands for additional proceedings. The mother was adequately notified of DCS’s recommended plan of participation and she acquiesced to the trial court’s authority to enter a parental participation order even if DCS failed to file a parental participation petition. But DCS failed to present sufficient evident to overcome the mother’s liberty interest in deciding her own treatment when she objected to the order and presented evidence of her concerns.
Efren Radillo Diaz v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.
Charles James Popp v. State of Indiana (NFP)
Criminal. Affirms convictions of sexual misconduct with a minor as a Class C felony, nine counts of Class B felony sexual misconduct with a minor and Class A misdemeanor intimidation.
Jeannie A. Dickman v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor conversion.
Bradley J. Oskey v. Review Board of the Indiana Department of Workforce Development and CL Schust Company, Inc. (NFP)
Agency action. Affirms denial of Oskey’s claim for unemployment compensation benefits.
Kathy J. Ragla v. Review Board of the Indiana Department of Workforce Development and Wendy's of Fort Wayne, Inc. (NFP)
Agency action. Affirms denial of unemployment benefits.
Jason A. Mejia v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony failure to return to lawful detention.
Tami and Dennis Lockard v. Lawrence T. Newman (NFP)
Civil collection. Affirms judgment against the Lockards in Lawrence Newman’s suit for unpaid legal fees, but remands for explanation or recalculation of the prejudgment interest component.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.