April 27, 2026

Indiana Court of Appeals
Michael A. Conley Sr. v. USA Track & Field Inc.
25A-CT-2995

Civil tort. Interlocutory appeal from the Marion Superior Court, Judge Christina R. Klineman. Affirms the denial of Michael A. Conley Sr.’s motion to compel arbitration in a dispute with USA Track & Field Inc. stemming from allegations that Conley breached his fiduciary duties as board chairman during the 2024 Olympic marathon trials bidding process. Holds that USATF’s bylaw requiring arbitration applies only to controversies involving its recognition as a national governing body, and Conley’s alleged misconduct — including communications and coordination with a board member tied to a disqualified bid — does not constitute such a controversy. Concludes that resolution of USATF’s claims against Conley will not affect USATF’s recognition status and therefore does not trigger mandatory arbitration. Judge Mathias authored the opinion. Judges May and Felix concur. Appellant attorneys: Daniel R. Kelley, Nicholas R. Burris, Dinsmore & Shohl LLP; Deirdre A. Close, Croke, Fairchild, Duarte & Beres LLP. Appellee attorneys: Jonathan D. Mattingly, Hamish S. Cohen, Brian R. Weir-Harden, Jeffrey N. Furminger, Mattingly Burke Cohen & Biederman LLP.

Indiana Court of Appeals
Tyler Vestal, Devin Vestal, Seth Vestal, and Kathleen Duszynski v. Estate of Philip J. Duszynski
25A-PL-1101

Civil plenary. Appeal from the Lake Superior Court, Judge John M. Sedia. Reverses the trial court’s grant of summary judgment to the Estate of Philip J. Duszynski and denial of summary judgment to the Vestals and Kathleen Duszynski in a dispute over ownership of real property held in a land trust. Orders trial court to enter judgment for the Vestals on the estate’s claims and on the Vestals’ counterclaim to quiet title. Holds the estate’s unjust enrichment claim fails as a matter of law because the Vestals’ interest in the property arose from the terms of the trust as contingent beneficiaries, not from any wrongful conduct by Kathleen Duszynski, and thus their receipt of the property was not unjust. Further holds the estate failed to establish title sufficient to quiet title in its favor, while the Vestals presented prima facie evidence of fee simple title through a recorded trustee’s deed. Concludes the dissolution decree did not remove the property from the trust or alter the contingent beneficiary designation and the property passed to the Vestals upon Philip Duszynski’s death. Judge Kenworthy authored the opinion. Chief Judge Tavitas and Judge Bailey concur. Attorney for appellants Tyler Vestal, Devin Vestal and Seth Vestal: Daniel J. Calhoun, Calhoun Law LLC. For appellant Kathleen Duszynski: Guy S. DiMartino, Guy S. DiMartino PC. Attorney for appellee: D. Eric Neff, Law Offices of D. Eric Neff P.C.

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