April 28, 2026

Indiana Court of Appeals
Starr Indemnity & Liability Insurance Company, Underwriters of Lloyd’s of London Syndicate 1861, Liberty International Underwriters, StarNet Insurance Company, and XL Specialty Insurance Company v. American Commercial Barge Line, LLC
No. 25A-PL-1073

Appeal from the Marion Superior Court, Judge Christina R. Klineman. The Court of Appeals affirmed the partial summary judgment on the choice of law but reversed the denial of the cross-motion, concluding that the Starr Insurers were entitled to summary judgment based on the watercraft limitation provision, which excluded coverage for liabilities arising from the ownership or maintenance of watercraft. The case was remanded with instructions to enter summary judgment for the Starr Insurers. Senior Judge Najam authored the opinion, with Judges Kenworthy and Scheele concurring. Appellants’ attorneys: Kenneth C. Newa, Jeffrey C. Gerish, Plunkett Cooney, Bloomfield Hills, Michigan; Agelo L. Reppas, Colleen P. Sorensen, BatesCarey LLP, Chicago, Illinois; Eric B. Hermanson, White & Williams LLP, Boston, Massachusetts. Appellees’ attorneys: Peter M. Racher, Ryan T. Leagre, Joanne R. Sommers, Plews Shadley Racher & Braun LLP, Indianapolis, Indiana.

Indiana Court of Appeals
Madison Futa and Sarah Denunzio v. Diocese of Fort Wayne-South Bend, Inc., Saint Joseph High School, John Kennedy, Debra Brown, and Justin Cochran
No. 25A-CT-2216

Appeal from the St. Joseph Circuit Court, Special Judge Michael A. Christofeno. The court affirms the trial court’s entry of summary judgment for the defendants, finding that the plaintiffs’ claims were time-barred by Indiana’s two-year statute of limitations. The court determined that the claims accrued when the plaintiffs graduated from high school, well before the filing of the complaint, and rejected arguments about tolling based on COVID-19, the discovery rule, continuing wrong, and fraudulent concealment. The plaintiffs had not demonstrated a genuine issue of material fact that would preclude summary judgment. Judge Mathias authored the opinion, with Judges May and Felix concurring. Appellants’ attorneys: Brandon E. Tate, Katherine A. Piscione, Waldron Tate Land LLC, Indianapolis, Indiana. Attorneys for appellees Diocese of Fort Wayne-South Bend, St. Joseph High School, John Kennedy and Debra Brown: Lyle R. Hardman, Hunt Suedhoff Kearney, LLP, South Bend, Indiana; and Robert T. Keen Jr., Barrett McNagny LLP, Fort Wayne, Indiana. Attorneys for appellee Justin Cochran: Kenneth E. Biggins, Jr. and Jeremy J. McDonald, Lee and Zalas, P.C., South Bend, Indiana.

The following opinion was issued on April 27 after The Indiana Lawyer’s deadline.

7th Circuit Court of Appeals
USA v. Erlin Lucero- Asencio
No. 24-3329

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division, Judge James R. Sweeney II. The 324-month sentence of Erlin Lucero-Asencio for multiple felonies, including conspiracy to possess methamphetamine with intent to deliver, is affirmed. The appellate court found that Lucero-Asencio waived his challenge to the district judge’s findings regarding the amount of methamphetamine and its purity by accepting a specific offense level without contesting the presentence report. The court noted that there was no basis for applying a plain-error standard since his counsel’s strategy did not show any prejudice that affected substantial rights. Judge Easterbrook authored the opinion. Judges Lee and Maldonado concurred.

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