Opinions July 22, 2021

The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Wednesday.

Joseph McCavitt v. Kilolo Kijakazi, Acting Commissioner of Social Security
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Civil. Affirms the rejection of Joseph McCavitt’s petition for Social Security disability benefits for his child, N.A.M. Rejects McCavitt’s argument that N.A.M., is disabled by attention deficit hyperactivity disorder, intellectual limitations, oppositional defiant disorder, and nocturnal enuresis and that his son’s conditions meet, or are functionally equivalent to three of six “domains of functioning”. Agrees with the ALJ and Indiana Northern District Court’s finding that N.A.M. did not meet any of the listings and has a marked limitation in only one functional category. Finds substantial evidence supports that conclusion.

Joseph Kuberski v. REV Recreation Group, Inc.
Appeal from United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Holly A. Brady.
Civil. Affirms a jury’s verdict for REV Recreation Group against customer Joseph Kuberski, who sued REV for breach of warranty after dealing with an endless string of problems with his purchased RV. Finds that even if Kuberski is correct that the jury instruction regarding “substantial compliance” under the warranty was flawed, he cannot demonstrate prejudice from that error.

Indiana Court of Appeals

Termination: A.C. v. Indiana Department of Child Services, et al. (mem. dec.)
Juvenile termination. Affirms the termination of father A.C.’s parental rights to his child, X.C. Finds that clear and convincing evidence supports the Marion Superior Court’s determination that termination is in X.C.’s best interests.

Sharon Cutsinger v. Bartholomew County Public Hospital a/k/a Columbus Regional Hospital (mem. dec.)
Civil tort. Affirms the Bartholomew Superior Court’s grant of summary judgment in favor of Bartholomew County Public Hospital, a/k/a Columbus Regional Hospital on Sharon Cutsinger’s claim of negligence. Finds the trial court did not err in granting summary judgment.

Michael Drankus v. State of Indiana (mem. dec.)
Expungement petition. Affirms the the Clinton Superior Court’s denial of Michael Drankus’ petition for expungement of his 2005 conviction for class D felony operating while intoxicated. Finds Drankus falls squarely within the plain language of two statutory exclusions and therefore is ineligible for expungement.

Kevin Martin v. State of Indiana, et al. (mem. dec.)
Civil tort. Affirms the dismissal of Kevin Martin’s complaint by the Sullivan Circuit Court. Finds no error in the dismissal.

Jason Charles Wyatt v. State of Indiana (mem. dec.)
Criminal. Affirms Jason Wyatt’s conviction for Level 4 felony manufacturing methamphetamine in St. Joseph Superior Court. Finds sufficient evidence to support the conviction.

Termination: T P, et al. v. Indiana Department of Child Services (mem. dec.)
Juvenile termination. Affirms the involuntary termination of T.P. and J.P.’s parental rights to their minor children, A.P., M.P., and P.P. Finds the Lawrence Circuit Court did not clearly err in concluding that there is a reasonable probability that the conditions that resulted in the children’s removal will not be remedied or in concluding that termination is in the children’s best interests.

Anthony Zachery Tedesco v. State of Indiana (mem. dec.)
Criminal. Affirms Anthony Tedesco’s sentence following the revocation of his probation. Finds the Ripley Superior Court did not abuse its discretion in ordering that Tedesco serve his previously suspended sentence.

Michael L. Jarvis v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Michael Jarvis’ motion to modify his sentence imposed by the Lawrence Superior Court following his guilty plea to Level 5 felony attempted burglary. Finds no abuse of the trial court’s discretion.

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