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Opinions

Opinions

ARTICLES

Opinions Sept. 22, 2017

Indiana Court of Appeals
Jennifer Cox v. Evansville Police Department and The City of Evansville; Babi E. Beyer v. The City of Fort Wayne
82A01-1610-CT-2299
Civil tort. In a combined appeal, reverses and remands trial court orders granting summary judgment to the municipalities on two women’s claims that police officers sexually assaulted them while on duty. Reverses both cases and remands for further proceedings. In the city of Fort Wayne's cross-appeal, affirms the trial court’s denial of Fort Wayne’s summary judgment motion on Beyer’s respondeat superior claim.
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Opinions Sept. 20, 2017

7th Circuit Court of Appeals
E.T. Products, LLC v. D.E. Miller Holdings, Inc., et al.
16-1204
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip P. Simon.
Civil. Affirms the district court’s judgment that a noncomplete clause between Doug and Tracy Miller and E.T. Products LLC was enforceable, but that the Millers did not breach it. Finds the noncompetition agreement is not overbroad.
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Opinions Sept. 19, 2017

Indiana Court of Appeals
Racquel Postiglione v. State of Indiana

49A04-1607-CR-1662
Criminal. Affirms the restitution order entered following Racquel Postiglione’s conviction of Class A misdemeanor battery resulting in bodily injury. Finds the victim’s injuries were the result of or a “direct consequences of the acts initiated by” Postiglione, even if she was not the one to break the man’s leg and ankle.
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Opinions Sept. 18, 2017

7th Circuit Court of Appeals
Jeff Monroe v. Indiana Department of Transportation and Joe McGuinness
16-1959
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms the district court’s grant of summary judgment to the Indiana Department of Transportation and Joe McGuinness. Finds Jeff Monroe failed to provide sufficient evidence that the reason for his termination was pretextual. Also finds Monroe failed to establish similarly situated employees were treated differently than he was.
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Opinions Sept. 15, 2017

Indiana Court of Appeals
Jacob O. Robinson v. State of Indiana
22A01-1604-CR-856
Criminal. Reverses and vacates Jacob O. Robinson’s sentence, pursuant to a plea agreement, for his conviction of Class D felony attempted residential entry and his admission to being a habitual substance offender. Finds sua sponte that Robinson’s habitual substance offender adjudication and enhancement of the sentence for a non-substance offense was contrary to statute. Remands with instructions to enter a new plea agreement and sentence that comply with the relevant statutory authority or for further proceedings if the parties cannot reach such an agreement.
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Opinions Sept. 14, 2017

Indiana Court of Appeals
Evelyn Messmer v. KDK Financial Services, Inc., et al.
53A01-1701-PL-139
Civil plenary. Affirms summary judgment in favor of KDK Financial Services and Fred Kern. The continuing representation doctrine is not applicable to financial advisers or fraud allegations, and no genuine issue of material fact exists establishing that the defendants fraudulently misrepresented the surrender of insurance annuities.


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Opinions Sept. 13, 2017

Indiana Court of Appeals
Larry Warren v. Carl L. Epstein (mem. dec.)
49A04-1606-CT-1498
Civil tort. Affirms the grant of summary judgment in favor of Carl L. Epstein in Larry Warren’s action against Epstein for legal malpractice. Finds Warren’s complaint for legal malpractice was not filed within the statute of limitations and, therefore, is time barred.


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Opinions Sept. 11, 2017

Indiana Court of Appeals
Shannon D. Moyer v. State of Indiana
79A04-1703-CR-477
Criminal. Affirms Shannon D. Moyer’s sentence to an aggregate term of 20 years for his convictions of three felony offenses and a habitual offender count. Finds the Tippecanoe Superior Court did not abuse its discretion in its treatment of aggravating and mitigating factors during sentencing. Finally, finds Moyer’s sentence is not inappropriate. Remands for an adjustment to Moyer’s jail time-credit.
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