Opinions July 27, 2015

July 27, 2015

7th Circuit Court of Appeals
The following opinion was issued after IL deadline Friday
Katherine Cerajeski, Guardian for Walter Cerajeski v. Greg Zoeller, Attorney General of the State of Indiana, et al.
Appeal from the United States District Court for the Southern District of Indiana.
Judge Jane Magnus-Stinson
Civil. Reverses dismissal of Cerajeski’s claim as moot, holding that she is entitled to legal fees because the suit led to a change in state law that enabled her to obtain damages sought in the litigation. Remands for a determination of reasonable legal fees, expressing a tentative view that the amount sought for the prior appeal –  $258,462.50 for 375.75 hours – is excessive.

James Tsareff et al. v. ManWeb Services, Inc.
Appeal from the U.S. District Court, Southern District of Indiana, Indianapolis Division
Judge Sarah Evans Barker
Civil. Reverses District Court’s grant of judgment as a matter of law to ManWeb and denial of the pension plan’s motion for summary judgment. Finds the District Court’s substantive review of Tiernan & Hoover’s underlying withdrawal liability constitutes an error of law and, by definition, an abuse of discretion. Remands to the District Court for further proceedings since the District Court did not address the successor liability continuity requirement.  

Indiana Court of Appeals
Anthony W. Taylor-El v. State of Indiana (mem. dec.)
Criminal. Affirms denial of motion to correct erroneous sentence.

In the Matter of the Termination of the Parent-Child Relationship of B.G. & F.G. (Children), and, F.G., Sr. v. The Indiana Department of Child Services (mem. dec.)

Juvenile. Affirms termination of parental rights.

Leo Kahn v. Fletcher Horn d/b/a Hartwood Architectural Antiques and Perry Glancy (mem. dec.)
Agency action. Affirms Worker’s Compensation Board decision that Perry Glancy was not liable under the Worker’s Compensation Act for Kahn’s injuries.

Kenneth Powers v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of probation.

Ahkeem Shakur Scott-Manna v. State of Indiana (mem. dec.)

Criminal. Affirms murder conviction and 60-year sentence.

Ricky B. Akins v. State of Indiana (mem. dec.)

Criminal. Affirms in part, reverses in part and remands convictions of two counts of Class A felony child molesting and one count of Class C felony child molesting. Vacates the Class C felony as a double jeopardy violation.

Jimmy Scott Huntington v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of probation.

Larry D. Blanton, Jr. v. State of Indiana (mem. dec.)
Post conviction. Affirms denial of post-conviction relief.

Bonnie Motsch v. State of Indiana (mem. dec.)
Criminal. Affirms six-year sentence for convictions of Class D felony counts of theft and possession of a controlled substance and Class A misdemeanor counts of possession of paraphernalia and driving while suspended.