Opinions June 17, 2022

The following opinions were posted after IL deadline on Thursday:
7th Circuit Court of Appeals
Jonathan Aguirre-Zuniga v. Merrick B. Garland, Attorney General of the United States
21-1201
Petition for Review of an Order of the Board of Immigration Appeals.
Immigration to deport him. Grants Jonathan Aguirre-Zuniga’s petition to vacate the Board of Immigration Appeals’ decision. Finds Aguirre-Zuniga’s conviction for delivery of methamphetamine in Indiana does not qualify as an aggravated felony for purposes of removal because the Indiana statute for dealing methamphetamine, Indiana Code §35-48-4-1.1, is facially overbroad. Remands to the Board of Immigration Appeals for further proceedings.

Indiana Supreme Court
William Ebert, Michelle Ebert, Cora Ebert, Alexandra Ebert, Dan the Man LLC, Daniel Parks, and D&D Saloon LLC v. Illinois Casualty Company
22S-PL-8
Civil plenary. Affirms the Howard Superior Court’s grant of summary judgment in favor of Illinois Casualty Company. Adopts the efficient and predominant cause analysis from the Court of Appeals of Indiana’s ruling in Prop.-Owners, Ins. Co. v. Ted’s Tavern, Inc., 853 N.E.2d 973 (Ind. Ct. App. 2006), and finds the liquor liability exclusion absolves Illinois Casualty of a duty to defend or indemnify its insured under its general businessowners policy. 

Friday opinions
Court of Appeals of Indiana
Donnell Goston, Sr., et. al v. State of Indiana, et al.
21A-CT-2484
Civil tort. Affirms the grant of summary judgment for the Indiana Department of Child Services and other state defendants on father Donell Goston Sr.’s negligence complaint. Finds the Marion Superior Court didn’t err in allowing DCS to file a third motion for summary judgment as the motion addressed grounds not previously brought by the agency. Also finds the Notice Statute doesn’t allow a private right of action, and the Legislature didn’t intend for the law to allow it to do so.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of D.M.J. and D.M. (Minor Children) and C.M. (Mother) and D.M. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-2780
Juvenile termination of parental rights. Affirms the termination of mother C.M. and father D.M.’s parental rights to D.M.J. and D.M. Finds the Tippecanoe Superior Court didn’t err.

In the Matter of D.W. (Minor Child) And R.W. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JC-2367
Juvenile CHINS. Affirms the adjudication of D.W. as a child in need of services. Finds the admission of mother R.W.’s own CHINS orders and filings was harmless and does not necessitate a reversal. Also finds the Marion Superior Court’s findings support its conclusion that D.W. is CHINS.

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