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Opinions May 19, 2017

May 19, 2017
KEYWORDS Opinions

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
Cathleen Kennedy v. The Lilly Extended Disability Plan
16-2314
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Affirms the district court’s grant of summary judgment to Cathleen Kennedy and its order to Eli Lilly and Co.’s Extended Disability Plan to retroactively reinstate Kennedy’s disability benefits. Finds Lilly failed to show what job or kind of job Kennedy could perform with her fibromyalgia symptoms if her benefits were eliminated. Judge Daniel Manion dissents with separate opinion.

Friday's opinions
Indiana Court of Appeals
The Estate of George A. Henry, Deceased v. Nadene Woods
49A05-16-PL-810
Civil plenary. Affirms the Marion Superior Court’s decision to partially allow Nadene Woods’ claim for services against the estate of George Henry. Finds the probate court was not required to evaluate Woods’ claim in a manner that presumed the services to be gratuitous. Also finds there is not a complete lack of evidentiary support for the challenged findings as to Henry’s expression of intent. Finally, finds Woods put forth sufficient evidence to establish that partial allowance of her claim in the amount of $125,400 was supported under either implied contract or unjust enrichment. Chief Judge Nancy Vaidik concurs in result with separate opinion.

Edgar Ariel Gonzalez v. State of Indiana and Pace Team
33A04-1612-MI-2807
Miscellaneous. Reverses to forfeiture of $810 in Gonzalez’s pocket at the time of his arrest for possession of marijuana. Finds without the establishment of a nexus between Gonzalez’s currency and an underlying offense, the civil forfeiture is outside “the letter and spirit of the law.”

Nathaniel J. Caroway v. State of Indiana (mem. dec)
09A02-1611-CR-2518
Criminal. Affirms Nathaniel Caroway’s sentence to 40 years’ imprisonment for his conviction of Class A felony child molesting. Finds the Cass Circuit Court did not abuse its discretion in imposing the maximum sentence allowed by the plea agreement. Remands to the trial court for the correction of a scrivener’s error in the written sentencing order.

Jovonta Pointer v. State of Indiana (mem. dec)
45A03-1612-CR-2831
Criminal. Affirms Javonta Pointer’s 25-year sentence for his conviction of Class A felony burglary. Finds Pointer has not shown an abuse of the Lake Superior Court’s sentencing discretion and his sentence is not inappropriate.

Devetta Myers n/k/a/ Devetta Farrow v. Chade Smith d/b/a Simple Home Improvements, and Michael Smith d/b/a Home Connection (mem. dec.)
71A03-1609-CC-2206
Civil collection. Affirms the dismissal of Devetta Farrow’s counterclaim against Chad Smith, doing business as Simply Home Improvements, and third-party complaint against her prior contractor, Michael Smith, doing business as Home Connection. Finds the St. Joseph Superior Court did not abuse its discretion.
 

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