Opinions April 17, 2024

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The following opinion was published after IL’s deadline Tuesday:
7th Circuit Court of Appeals
Circle City Broadcasting I, LLC v. AT&T Services, Incorporated and DIRECTV,LLC; Circle City Broadcasting I, LLC v. DISH Network, LLC
23-1787, 23-1788
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt. Affirms the district court’s summary judgment for DISH and DirecTV Network. Finds the district court conducted a detailed examination of the evidence presented at summary judgment and concluded that Circle City failed to point to any facts that would allow a jury to find that DISH’s or DirecTV’s conduct during the contractual negotiations reflected racial discrimination. Also finds Circle City did not demonstrate any pretext in DISH and DirecTV’s explanations for choosing not to pay retransmission fees.

Wednesday opinions
Indiana Court of Appeals
Andrew Nemeth Properties, LLC, and Andrew J. Nemeth v. William A. Panzica, Thomas C. Panzica, Philip E. Panzica, & NP3, LLC
23A-PL-1383
Civil plenary. Reverses the Marshall Circuit Court’s award of summary judgment in favor of William Panzica, Thomas Panzica, Phillip Panzica and NP3, LLC on Andrew Nemeth’s breach of contract claim and its bench judgment in favor of the defendants on Nemeth’s unjust enrichment claim. Finds that an LLC’s initial membership can be established by oral contract and that there exist genuine issues of material fact as to whether Nemeth and the Panzica Brothers orally agreed to form NP3 as equal members. Also finds that Nemeth was entitled to a jury trial on his unjust enrichment claim.

In Re: The Termination of the Parent-Child Relationship of C.C. and De.C. (MinorChildren); D.C. (Mother) v. The Indiana Department of Child Services and Kids Voice of Indiana
23A-JT-848
Juvenile termination of parental rights. Reverses the Marion Superior Court’s order terminating D.C.’s parent-child relationships with her children C.C. and De.C. Finds the orders terminating the mother’s parental rights were void for lack of personal jurisdiction because the Indiana Department of Child Services did not properly serve the mother as required by the Indiana Trial Rules and due process. Remands for further proceedings.

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