Opinions Feb. 1, 2022

Keywords Opinions

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Monday.

The Aluminum Trailer Company d/b/a ATC Trailers v. Westchester Fire Insurance Company
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon R. Leichty.
Civil. Affirms the dismissal of Aluminum Trailer Company’s complaint brought against its insurer, Westchester Fire Insurance Company, after ATC was sued by BizBox. Finds Westchester has no duty to defend or indemnify ATC under the “personal and advertising injury” provision of the policy. Thus, ATC fails to state a claim upon which relief can be granted and its suit was properly dismissed under Rule 12(b)(6).

Indiana Supreme Court
Carl Eugene McDonald v. State of Indiana
Criminal. Summarily affirms Carl Eugene McDonald can’t challenge the validity of his convictions on direct appeal and that the Cass Superior Court improperly entered his HVSO sentencing enhancement as a separate, consecutive sentence. Affirms the HVSO statute does not contain a provision that is nonsuspendible. Remands for resentencing.

Court of Appeals of Indiana
The Estate of Jeffery Bichler by Personal Representatives Jennifer Ivy and Tyler Bichler v. Wanda Bichler and The Estate of Wanda Bichler by Personal Representatives Kristie Cundiff and Linda Strickland
Civil tort. Reverses the dismissal of Jennifer Ivy and Tyler Bichler’s suit filed against Wanda Bichler and The Estate of Wanda Bichler by Personal Representatives Kristie Cundiff and Linda Strickland. Finds dismissal should be evaluated under Trial Rules 25 and 41(E), not Trial Rule 12. Remands so that the plaintiffs may have the opportunity to substitute the personal representatives as defendants pursuant to Trial Rule 25

Warren Parks v. State of Indiana (mem. dec.)
Miscellaneous. Affirms the dismissal of inmate Warren Parks’ complaint against members of the Putnamville Correctional Facility for declaratory judgment and damages after he was removed from a job in the facility’s law library. Finds Parks’ complaint was properly dismissed as permitted by Indiana Code 34-58-1-2(a)(1) and (2).

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