Opinions July 12, 2019

Keywords Opinions

7th Circuit Court of Appeals
Oliver Collins v. University of Notre Dame Du Lac

18-2579, 18-2559
Appeals from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Joseph S. Van Bokkelen.
Civil. Reverses the Northern District Court’s grant of summary judgment and award of $501,367 in damages to former Notre Dame professor Oliver Collins following his guilty plea to a federal felony charge for theft of government grant funds. Finds Collins’ contract with Notre Dame did not prohibit one faculty member from participating in informal mediation and then serving on the hearing committee in Collins’ case. Finds the facts show “serious cause” sufficient to warrant Collins’ dismissal. Remands for the trial court to award Notre Dame judgment.

Indiana Court of Appeals
Linda Martinez, as the Personal Representative of the Estate of Roy Martinez v. Oaklawn Psychiatric Center

18A-CT-2883
Civil tort. Affirms the St. Joseph Superior Court’s grant of Oaklawn Psychiatric Center, Inc.’s motion to dismiss Linda Martinez’s negligence claim under Trial Rule 12(B)(1) for lack of subject matter jurisdiction. Finds that because Oaklawn is a health care provider, Kennedy Kafatia was its employee, and Roy Martinez was an Oaklawn patient, that Kafatia was acting within the scope of his employment in the events preceding Roy’s death. Concludes the incident and Roy’s injuries squarely fit within the scope of the Medical Malpractice Act.

Tressa Bailey v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
18A-EX-2638
Agency. Affirms the Review Board of the Indiana Department of Workforce Development’s affirmation of an administrative law judge’s decision to suspended Tressa Bailey’s unemployment benefits. Finds Bailey was afforded due process and a reasonable opportunity to participate in a telephonic hearing.

Jim Nowacki v. Gary Redevelopment Commission, Kenya Jones, Eric Reaves, Namon Flournoy, Bill Joiner, Marion J. Johnson, and Maiaco, LLC (mem. dec.)
18A-PL-830
Civil plenary. Affirms the Lake Superior Court’s dismissal of Jim Nowacki’s complaint against the Gary Redevelopment Commission, Kenya Jones, Eric Reaves, Namon Flournoy, Bill Joiner, Marion J. Johnson, and Maiaco, LLC pursuant to Trial Rule 41(E). Finds the trial court acted within its discretion when it dismissed Nowacki’s complaint.

Dakota A.W. Stinson v. State of Indiana (mem. dec.)
18A-CR-2241
Criminal. Affirms the Lawrence Superior Court’s denial of Dakota Stinson’s motion for discharge, arguing that the state failed to bring him to trial within the period mandated by Indiana Criminal Rule 4. Finds any delay in the matter is attributable to the defense, and not to the state.

Justin D. Adney v. State of Indiana (mem. dec.)
19A-CR-14
Criminal. Affirms Justin Adney’s 80-year concurrent sentence for conviction of Level 1 felony attempted rape, three counts of Level 3 felony rape, and Level 6 felony strangulation. Finds that the LaPorte Circuit Court did not admonish the jury to disregard testimony about lie detection technology, that failure was at worst harmless error, as was the trial court’s reference to circumstances of an aggravating factor outside the record during sentencing.

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