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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinions were posted after The Indiana Lawyer’s deadline Friday:
7th Circuit Court of Appeals
Mesco Manufacturing, LLC v. Motorists Mutual Insurance Company
24-1307
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James Hanlon. Affirms the district court granting of Mesco Manufacturing LLC’s’s motion for summary judgment. Finds Motorists Mutual Insurance Company breached the insurance contract by declining to pay the full appraisal award and cannot escape the ramifications of its breach by exercising its “right to deny” Mesco’s valid claim. Attorneys for appellant: Eric McNamar, Michael Giordano. Attorneys for appellee: David Miller, William Beyers.
Timothy Upchurch v. State of Indiana and Indiana Department of Correction
24-1355
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker. Affirms the granting of summary judgment to the Indiana Department of Correction. Finds there was insufficient evidence in the record of race discrimination or retaliation for a reasonable jury to return a verdict for Timothy Upchurch on his discrimination and retaliation claims against the department. Also finds that no reasonable jury could find that race discrimination or retaliation motivated Upchurch’s demotion, written reprimands in lieu of suspensions, non-promotions within 12 months of formal discipline, or June 2020 non-promotions at Correctional Industrial Facility. Attorney for appellant: Richard Darst. Attorneys for appellee: Abigail Recker, James Emerson.
Monday opinions
Indiana Court of Appeals
Dewight Allen v. Anonymous Physician, Anonymous Provider 1, and Anonymous Provider 2
24A-CT-2260
Civil tort. Affirms the Allen Superior Court’s denial of Dewight Allen’s petition for a preliminary determination of law, seeking a default judgment as a sanction for Providers’ alleged violations of Indiana’s Medical Malpractice Act. Finds that the trial court’s decision to decline Allen’s request to enter the extreme sanction of a default judgment against the providers was not an abuse of discretion. Judge Elaine Brown dissents with separate opinion. Attorneys for appellant: Michael Simmons, Hannah Brady. Attorney for appellees: Benjamin Ice.
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