Opinions Dec. 23, 2021

The following opinions were posted after IL deadline on Wednesday:

7th Circuit Court of Appeals
Brooke Persinger v. Southwest Credit Systems, L.P.
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Affirms the district court’s grant of summary judgment to Southwest Credit Systems L.P. in a dispute with Brooke Persinger. Finds Southwest’s compliance procedures were reasonable and thus met the Fair Credit Reporting Act requirements. Also finds the evidence shows that Southwest had a reasonable basis for relying on its procedures and that summary judgment for Southwest was appropriate because no reasonable juror could conclude that the inquiry into Persinger’s propensity‐to‐pay score resulted in actual damages.

Indiana Supreme Court
K.G., by her Parent and Next Friend, Melody Ruch, and Melody Ruch, Individually v. Morgan Smith, New Augusta North Public Academy, and Metropolitan School District of Pike Township
Civil tort. Remands for further proceedings mother Megan Ruch’s claims for emotional distress and economic damages against Morgan Smith, New August North Public Academy and the Metropolitan School District of Pike Township. Finds that when a caretaker assumes responsibility for a child, and when that caretaker owes a duty of care to the child’s parent or guardian, a claim against the caretaker for the negligent infliction of emotional distress may proceed when the parent or guardian later discovers, with irrefutable certainty, that the caretaker sexually abused that child and when that abuse severely impacted the parent or guardian’s emotional health. Also finds Ruch has satisfied the elements of this rule, and summary judgment was improper for the school on Ruch’s emotional distress claim. Finally, finds the Marion Superior Court improperly dismissed Ruch’s individual claim for economic damages. Justice Mark Massa dissents with a separate opinion, joined by Justice Geoffrey Slaughter.

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