Opinions Sept. 11, 2018

Keywords Opinions

The following 7th Circuit Court of Appeals opinion was posted after Indiana Lawyer deadline Monday.
Berry Plastics Corporation v. Illinois National Insurance Company

Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard L. Young.
Civil. Affirms the entry of summary judgment for Illinois National on Berry Plastics’ suit seeking indemnity from a $7.2 million jury damages award to a customer to whom Berry supplied defective laminate material used in the manufacture of products that later failed. Finds Berry failed to show that some portion of the lost profits theoretically might be attributable to property damage.

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of C.M.S.T., T.M., & M.M. (Children) and A.S. (Mother) and R.T. (Father); et al. v. The Indiana Department of Child Services

Juvenile termination of parental rights. Reverses the termination of parental rights of A.S. and R.T. to their respective children in light of “unusual and alarming” circumstances. Finds Department of Child Services staff workers performed misconduct that occurred in the underlying children in need of services cases. Remands for reinstatement of the CHINS cases, a re-examination of the requirements for reunification, and a revised dispositional order outlining the services A.S. and R.T. must complete to reunify with their respective children.

Vassil M. Marinov v. Fiat Chrysler Automotive (mem. dec.)
Small claims. Affirms the trial court’s dismissal of Marinov’s complaint under the Indiana Wage Payment Act. Marinov waived his appellate arguments by so substantially violating the Indiana Rules of Appellate Procedure that the panel could not address his appeal.

In the Matter of the Termination of the Parent-Child Relationship of: Ka.C., R.W., A.W. and L.C., Minor Children, K.C., Mother v. The Indiana Department of Child Services, et al. (mem. dec.)
Juvenile termination of parental rights. Affirms the involuntary termination of Mother K.C.’s parental rights to children Ka.C., R.W., A.W., and L.C, finding the judgment is supported by clear and convincing evidence.

Derek J. Bell v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Level 4 felony burglary, finding the evidence is sufficient to support the conviction.

Nicole A. Baswell v. Bryan E. Baswell (mem. dec.)
Domestic relation. Affirms denial of Nicole A. Baswell’s motion to reconsider an order modifying child custody. The record does not indicate the trial court abused its discretion in denying the motion to reconsider.

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