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Bruce A. Waldon v. State of Indiana
24A-CR-1824
Criminal. Affirms Bruce Waldon’s convictions in Tippecanoe Superior Court for two counts of burglary and two counts of theft for incidents that occurred over the course of one night. Finds the trial court did not abuse its discretion by finding that the offenses did not constitute a single episode of criminal conduct. Attorney for appellant: Timothy Broden. Attorneys for appellee: Attorney General Todd Rokita, Supervising Deputy Attorney General Ian McLean, Deputy Attorney General Brandon Smith.
TKG Associates, LLC v. MBG Monmouth, LLC, MBG Aurora, LLC, MBG Joliet, LLC, and MBG MKE, LLC
24A-PL-1270
Civil plenary. Reverses Marion Superior Court Judge Christina Klineman’s judgment in favor of MBG Monmouth, LLC; MBG Aurora, LLC; MBG Joliet, LLC; and MBG MKE, LLC after the franchises filed a complaint seeking to retain TKG Associates LLC’s deposit pursuant to the parties’ agreement. Finds there was undisputed evidence that the franchises were the first to materially breach the agreement. Also finds that the trial court’s judgment is clearly erroneous. Remands with instructions for the trial court to vacate the judgment for the franchises, enter judgment for TKG on its breach of contract counterclaim and hold a hearing to determine TKG’s damages in a manner consistent with this opinion. Attorney for appellant: Matthew Griffith. Attorneys for appellee: John Higgins, Dominick Ellis.
Regina Geels v. Lindsay Flottemesch, Mackenzie Hatfield, and Stephanie Malinowski, as Guardian for Marley Malinowski
24A-PL-2911
Civil plenary. Reverses Allen Superior Court Judge David Avery’s order imposing a constructive trust over the proceeds of two life insurance policies in favor of Lindsay Flottemesch, Mackenzie Hatfield and Marley Malinowski. Finds the law-of-the-case doctrine does not preclude Regina Geels’ Employment Retirement Security Act preemption argument, nor did Geels waive her ERISA preemption argument. Also finds ERISA preempts state-law equitable remedies, such as the constructive trust imposed in this case. Remands with instructions for the trial court to order the Clerk of Allen County to distribute the proceeds of the life insurance policies to Geels. Attorney for appellant: Robert Palmer. Attorneys for appellees: Nathan Williams, Shannon Connors.
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