Opinions Aug. 27, 2015

August 27, 2015

7th Circuit Court of Appeals
C.W. and E.W., by Guardians and Next Friends Adele A. Wood and Jason A. Wood v. Textron, Inc.
Appeal from the U.S. District Court for the Northern District of Indiana, South Bend Division
Chief Judge Philip P. Simon
Civil. Affirms summary judgment in favor of Textron. Finds the testimony of the three experts was properly excluded because none provided a direct link between vinyl chloride exposure and the illnesses experienced by C.W. and E.W. Disagrees with the District Court’s rationale regarding causation. Adopts 2nd Circuit approach that differential etiology is sufficient to help prove both general and specific causation.

Indiana Supreme Court
JPMorgan Chase Bank, N.A. v. Claybridge Homeowners Association, Inc. v. Deborah M. Walton, et al.
Mortgage foreclosure. Affirms denial of JPMorgan’s motion to intervene in a foreclosure case. The trial court did not abuse its discretion by denying JPMorgan’s post-judgment motion to intervene as untimely because Claybridge’s lis pendens notice gave JPMorgan constructive notice of the foreclosure. The lis pendens notice was valid because it was filed to enforce a valid, unrecorded judgment lien as to Deborah — regardless of whether the lien applied to JPMorgan.  

Sci Propane, LLC; South Central Indiana Rural Electric Membership Corp.; RushShelby Energy Rural Electric Co-op, Inc. v. Courtney Frederick, as Personal Rep. of the Est. of Stephan Fredrick, Deceased
Civil plenary. Reverses award of attorney fees. Holds when the decedent has a surviving spouse and/or children, Indiana’s General Wrongful Death Statute limits damages only to medical and funeral expenses as well as benefits for the survivors.  

Indiana Court of Appeals
Denna Delacruz and Barry Barger v. Paul Wittig
Civil tort. Reverses denial of Delacruz’s and Barger’s motion to dismiss Wittig’s counterclaim. Finds Wittig’s counterclaim was untimely filed and does not qualify for exemption under Trial Rule 13(J)(1). Remands for further proceedings.

Antonio L. Chandler v. State of Indiana (mem. dec.)
Criminal. Affirms two-year sentence executed in the Indiana Department of Correction for pleading guilty to Level 6 felony theft.

Eric Dillon v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class B misdemeanor criminal recklessness.

Paul R. Hoffert v. State of Indiana (mem. dec.)
Criminal. Affirms sentence for pleading guilty to two counts of Class C felony burglary. The trial court sentenced Hoffert to four years for each conviction with two years of each suspended to probation and ordered the sentences to run concurrently.