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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinions were filed Oct. 26, after The Indiana Lawyer’s deadline.
7th Circuit Court of Appeals
Center for Gestalt Development, Inc. v Charles Bowman
No. 25-3336
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division, Judge Richard L. Young. The court affirmed the district court’s summary judgment in favor of Bowman and Jean-Marie Robine in a copyright infringement claim brought by the Center for Gestalt Development. The court determined that the Center’s copyright over a collection of unpublished manuscripts did not extend to the article “Psychopathology of Awareness” itself, which was previously licensed to Bowman and Robine by the copyright holders before the Center acquired it. As such, when the Center obtained the copyright, it was subject to the existing license permitting Bowman and Robine to publish the article. Judge Scudder authored the opinion, with Judges Pryor and Maldonado concurring.
Indiana Supreme Court
Indiana Department of Education v. Mt. Zions Loving Day Care Ministry, et al.
No. 26S-PL-134
On petition to transfer from the Indiana Court of Appeals, the Indiana Supreme Court affirmed the trial court’s order reinstating Mt. Zion’s agreement and eligibility to participate in the Child and Adult Care Food Program (CACFP). The court held that the Indiana Department of Education (DOE) abused its discretion by terminating Mt. Zion after only one opportunity to correct identified deficiencies, despite federal law permitting further corrective actions. The court found the DOE’s unwritten policy not to consider additional corrective actions after proposing termination was arbitrary and capricious. Additionally, the court determined that the DOE failed to provide sufficient technical assistance to Mt. Zion in addressing its compliance issues. Justice Goff authored the opinion, with Justice Massa concurring. Chief Justice Rush concurred in the judgment, while Justices Slaughter and Molter dissented. Attorneys for appellant: Office of the Indiana Attorney General. Appellee attorneys: Maggie L. Smith, Kristopher N. Kazmierczak, FBT Gibbons LLP, Indianapolis; Ronald M. Katz, Stoll Keenon Ogden PLLC, Indianapolis.
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