Opinions March 26, 2020

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Wednesday.
Carl Castetter v. Dolgencorp, LLC
19-2026
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Theresa L. Springmann.
Civil. Affirms the district court’s summary judgment ruling in favor of Carl Castetter’s employer, Dolgencorp, on his claim of disability discrimination. Finds Castetter’s claims are insufficient to meet the level of proof that his disability following cancer treatment was the “but for” cause of his termination.

Nichole L. Richards v. PAR, Inc., and Lawrence Towing, LLC
19-1184
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Reverses the entry of summary judgment to PAR, Inc. and Lawrence Towing, LLC against Nichole Richards. Finds Richards has a viable Fair Debt Collection Practices Act claim and that a reasonable jury could find that the towing company employees did not have a present right under Indiana law to possess Richards’s vehicle when they seized it from her property after she defaulted on her car loan.

Thursday’s opinions
Indiana Court of Appeal
City of Columbus v. Debra A. Londeree and Dan Londeree
19A-CT-1228
Civil tort. Affirms and reverses in part the denial of the city of Columbus’ motion for summary judgment on Debra A. Londeree’s personal injury lawsuit and the grant of the city’s motion for summary judgment against Dan Londeree’s loss of consortium claim. Finds there are no material issues of fact that estop the city from raising its notice defense. Also finds that the undisputed evidence shows Dan did not file a notice of tort claim. Directs the Bartholomew Circuit Court on remand to enter summary judgment for the city against Debra’s personal injury claim because she did not file a notice of tort claim.

Christine Catanzarite v. Safeco Insurance Company of Indiana
19A-CT-02338
Civil tort. Affirms the St. Joseph Superior Court’s award of summary judgment, concluding that there was no genuine issue of material fact precluding judgment in favor of the Safeco Insurance Company of Indiana against Christine Catanzarite.

Timothy A. Brady v. Bethany R. Brady (mem. dec.)
19A-DR-2495
Domestic relation. Affirms the Hancock Superior Court’s order for payment of attorney fees, reverses the order that Timothy Brady pay child support arrearage and the child support modification order. Remands with instructions for an evidentiary hearing to consider factors relative to child support and for a determination of whether the evidence established that Father is in contempt of court and, if so, whether a sanction is appropriate

Sevion Youngblood v. State of Indiana (mem. dec.)
19A-CR-2140
Criminal. Affirms Sevion Youngblood’s conviction of Class B misdemeanor public intoxication causing self-endangerment. Finds sufficient evidence to support the convictions. However, reverses with instructions and remands for the Marion Superior Court to vacate Youngblood’s conviction for public intoxication in Count II on double jeopardy grounds.

In the Termination of the Parent-Child Relationship of: E.W. and L.W. (Minor Children), And B.W. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-2499
Juvenile termination. Affirms the termination of B.W.’s parental rights to her minor children, E.W. and L.W. Finds the Department of Child Services presented clear and convincing evidence to support the Jasper Circuit Court’s order to terminate mother’s parental rights to the children and that termination is in their best interests.

Raj Kumar Lall v. K.M. (mem. dec.)
19A-PO-1812
Protective order. Vacates the Hamilton Superior Court’s issuance of a protective order against Raj Kumar Lall. Finds the trial court’s July 12, 2019, order does not comply with the requirements of Indiana Rule of Trial Procedure 52(A) or Indiana case law. Remands with instructions for the trial court to issue findings of fact and conclusions thereon consistent with that authority.

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