Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now7th Circuit Court of Appeals
Lynette J. Kaiser, on behalf of herself and all other persons similarly situated, et al. v. Alcoa USA Corp., et al.
No. 25-1627
Appeal from the U.S. District Court for the Southern District of Indiana, Evansville Division, Judge Richard L. Young. Before Circuit Judges Lee, Pryor and Kolar. The court affirmed the district court’s certification of a class action under Rule 23(b)(2) but reversed the grant of partial summary judgment favoring the plaintiffs. The court held that while the district court reasonably found commonality and typicality amongst class members regarding their entitlement to lifetime healthcare benefits, it erred in applying judicial estoppel to block Alcoa from challenging liability based on previous statements. Judge Lee authored the opinion.
7th Circuit Court of Appeals
Sandra Hunter and Marla Strappe v. Elanco Animal Health Incorporated, et al.
No. 23-3061
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker. Before Circuit Judges Jackson-Akiwumi, Lee and Pryor. This appeal addresses the dismissal of a proposed securities class action against Elanco Animal Health and its executives. The district court concluded that the plaintiffs, asserting claims under the Securities Act of 1933 and the Securities Exchange Act of 1934, failed to meet the heightened pleading requirements related to material misrepresentations and scienter. The court found that the plaintiffs did not adequately allege that Elanco’s channel-stuffing practices constituted fraud, nor that the executives intended to deceive investors about product demand. Thus, the court dismissed the proposed second amended complaint with prejudice. Judge Pryor authored the opinion.
Indiana Court of Appeals
Sharon Parsons, as Personal Representative of the Estate of Timothy Parsons, et al., v. Crum & Forster Specialty Insurance Company
No. 25A-CT-2307
Opinion on rehearing. Appeal from the LaPorte Superior Court, Judge Richard R. Stalbrink. The court affirmed its previous decision that the claims filed by the Parsons against Crum & Forster’s insureds are covered by the commercial general liability policy, not the third-party pollution liability coverage. The court clarified that the trial court should not rule on indemnity until liability on the underlying claims has been determined. Judges Brown and Altice concurred. Appellants’ attorneys: Robert W. Johnson, Travis N. Jensen, Janet M. Wallace and Michael D. Devor, Johnson Jensen LLP, Indianapolis. Appellee’s attorneys: Crystal G. Rowe, Kightlinger & Gray LLP, New Albany; and James J. Hickey, Kennedys Law LLP, Chicago.
The following opinion was issued on Aug. 13 following The Indiana Lawyer’s deadline.
7th Circuit Court of Appeals
David McDonald, et al. v. Trustees of Indiana University, et al.
No. 25-2366
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division, Judge Richard L. Young. Before Circuit Judges Easterbrook, Pryor and Kolar. The court affirmed the district court’s judgment dismissing the professors’ complaint for lack of standing. The professors did not demonstrate a credible threat of enforcement or an objectively reasonable chilling effect on their speech due to the “intellectual diversity” law, as it applies indirectly through university policies, which themselves were only interim measures at the time of the case. Judge Kolar authored the opinion, with Judge Easterbrook concurring and emphasizing that academic freedom belongs to the university, not to individual professors. The court noted that mere speculative fears did not constitute a legal injury.
This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.
Please enable JavaScript to view this content.