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Opinions July 9, 2015

July 9, 2015

7th Circuit Court of Appeals
The following opinion was posted Wednesday after IL deadline
Carlene M. Craig, et al. v. FedEx Ground Package System, Inc.
10-3115
Appeal from U.S. District Court, Northern District of Indiana, South Bend Division;
Judge Robert L. Miller, Jr.
Civil. Reverses multi-district litigation court’s grant of summary judgment to FedEx and remands with instructions to enter summary judgment in favor of plaintiffs, the Kansas drivers. The drivers are employees of FedEx rather than independent contractors under the Kansas Wage Payment Act, the court ruled. Proceedings may include remand to the Kansas District Court for a determination of damages.

July 9, 2015
Indiana Court of Appeals

Tom Graziani v. D&R Construction
29A02-1502-SC-84
Small claim. Reverses default judgment in favor of D&R Construction. Finds Graziani’s attorney provided the wrong time for the trial which is why Graziani was not present to make his arguments.

Jerry W. Thomas v. State of Indiana (mem. dec.)
82A04-1410-CR-477
Criminal. Affirms conviction for child molesting, a Class A felony.

Donald W. Harshaw v. Elizabeth A. Harshaw (mem. dec.)
45A04-1408-PL-397
Civil plenary. Affirms order adopting an arbitration award in favor of Elizabeth Harshaw. Finds partition count was not a pending matter submitted for arbitration. Judge Patricia Riley concurs with majority decision regarding the arbitration award but dissents on the finding regarding the partition count.

In the Matter of T.D., A Child Alleged To Be In Need Of Services, W.D., Father v. The Indiana Department of Child Services (mem. dec.)
79A02-1411-JC-790
Juvenile CHINS. Affirms order that T.D. is a child in need of services.

David Moss v. Indianapolis Department of Natural Resources (mem. dec.)
49A02-1501-PL-7
Civil plenary. Affirms, in part, reverses in part and remands a trial court’s granting of a petition for judicial review filed by the Indiana Department of Natural Resources regarding David Moss’ employment. Finds DNR’s petition for judicial review timely filed but concludes it is unclear whether the issues raised in the petition were preserved for judicial review. Remands for consideration of whether the issues raised by DNR were properly preserved for judicial review.

Derrick Harris v. State of Indiana, Parole Board (mem. dec.)

18A04-1407-MI-338
Mental health. Dismisses Harris’ appeal of the denial of his petition for habeas corpus. Finds his appeal is moot because he has been released from the Delaware County Jail.

Charles Stierwalt v. Travis Barton and City of Linton, Indiana (mem. dec.)

28A01-1412-CT-528
Civil tort. Affirms dismissal of Stierwalt’s complaint against Thomas Barton and the city of Linton. Finds Stierwalt did not comply with the provision of the Indiana Tort Claims Act which requires a claimant, bringing a claim against a political subdivision, to file notice with the governing body of a political subdivision 180 days before filing the claim.

Joshua Woodson v. State of Indiana (mem. dec.)
49A04-1410-CR-475
Criminal. Affirms conviction for Class D felony operating a vehicle while suspended as a habitual traffic violator.

Daniel Smith v. State of Indiana (mem. dec.)
07A01-1411-CR-485
Criminal. Affirms convictions for two counts of violating orders to vacate a condemned dwelling, Class B misdemeanors.



 



 

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