July 27, 2026

Indiana Court of Appeals
Susan S. McDermott v. Sue Finkam and City of Carmel, Indiana
No. 25A-PL-3144

Appeal from the Hamilton Superior Court, Judge Jonathan M. Brown. Susan S. McDermott appealed the trial court’s dismissal of her defamation per se complaint against Mayor Sue Finkam and the City of Carmel. The court affirmed the dismissal, concluding that Mayor Finkam’s statements made during City Council meetings did not, on their face, attribute any wrongdoing to McDermott and were more consistent with mistake or incompetence than actual misconduct. Consequently, the statements did not meet the standard for defamation per se. Judge Vaidik authored the opinion, and Judges Altice and Foley concurred. Appellant’s attorneys: F. Anthony Paganelli and Christopher Goff, Paganelli Law Group, Indianapolis, Indiana. Appellees’ attorneys: Andrew Z. Soshnick, Stephanie L. Gutwein and Natalie W. Ditzler, Faegre Drinker Biddle and Reath LLP, Indianapolis, Indiana.

Indiana Court of Appeals
Todd Rokita, Indiana Attorney General v. Berry Global Group, Inc., and Haitian Center of Evansville
No. 25A-MI-2817

Appeal from the Vanderburgh Superior Court, Judge Robert J. Pigman. The court affirms the trial court’s denial of the attorney general’s petitions to enforce civil investigative demands, or CIDs, against Berry Global Group and the Haitian Center of Evansville. The attorney general was unable to demonstrate a proper investigation, as he failed to establish reasonable cause to believe that either appellee possessed relevant information about labor trafficking or indecent nuisances. The opinion highlights that an investigation must have a factual predicate, such as a specific complaint or tip, rather than being based on general concerns. Judge Vaidik authored the opinion, with Judges Altice and Foley concurring. Appellant’s attorney: Office of the Indiana Attorney General. Attorneys for Berry Global Group Inc.: Kian J. Hudson and Amanda Jane Gallagher, Barnes & Thornburg LLP. Attorneys for Haitian Center of Evansville: Patrick A. Shoulders and John D. Langmaid IV, Ziemer Stayman Weitzel and Shoulders LLP, Evansville, Indiana.

Indiana Court of Appeals
Timothy Stabosz v. Shaw Friedman
No. 24A-PL-2536

Appeal from the LaPorte Circuit Court, Special Judge Stephen R. Bowers. Timothy Stabosz appealed the trial court’s order reinstating a belated grant of Shaw Friedman’s motion to correct error, which had previously been deemed denied. The court vacated the belated order, reiterating that Stabosz’s appeal voided it, and reinstated the jury verdict favoring Stabosz. In a cross-appeal, Friedman raised issues related to evidentiary rulings, which the court found were without merit. The Indiana Supreme Court directed the Court of Appeals to review the cross-appeal issues, and upon reevaluation, the court affirmed its earlier decision, reinstating the jury verdict. Judge Brown authored the opinion, with Judges Weissmann and Felix concurring. Appellant’s attorneys: Margaret M. Christensen and Sarah Katherine Jackson, Dentons Bingham Greenebaum LLP, Indianapolis, Indiana; Harold G. Hagberg, Crown Point, Indiana, and Andrew B. Jones and Michael P. Smyth, Jones Law Office LLC, South Bend, Indiana. Appellee’s attorneys: Robert J. Palmer and R. William Jonas Jr., May Oberfell Lorber, Mishawaka, Indiana.

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