Opinions May 7, 2020

7th Circuit Court of Appeals
Acheron Medical Supply, LLC v. Cook Medical Incorporated
19-2315, 19-2410
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William Lawrence.
Civil. Affirms the Southern District Court’s conclusion that while Acheron Medical Supply, LLC breached a distribution agreement and that Cook Medical Incorporated did not, the plaintiff was not liable for its breach. Finds the district court correctly held Cook had no obligation to submit to the VA audit or deactivate its DAPA. Finds the district court correctly held that Acheron breached the agreement by not obtaining the FSS but was not liable for that breach due to the force majeure provision.

Indiana Court of Appeals
Termination: M A, et al. v. Indiana Department of Child Services
Juvenile termination. Reverses the involuntary termination of J.A. and M.A.’s parental rights to their children F.A., L.A., D.A., P.A., and Z.A. Cannot conclude, in totality and under the circumstances, that the Department of Child Services made all reasonable efforts to reunify Parents with the Children following the mother’s altercation with one of her older children. Remands for reinstatement of the CHINS cases and reassessment consistent with the opinion.

Arlinda E. Greener v. Douglas W. Biehl and Donovan E. Brunsman (mem. dec.)
Civil tort. Affirms the denial in Dubois Superior Court of Arlinda Greener’s motion to correct error. Finds Greener’s motion to correct error did not comply with Trial Rule 59. Finds that because her motion was inadequate to notify the court of the errors alleged or demonstrate she was entitled to relief, we cannot hold the trial court abused its discretion in denying the motion.

Brian Ellis v. State of Indiana (mem. dec.)
Post conviction. Affirms the DeKalb Superior Court’s denial of Brian Ellis’ amended petition claiming ineffective assistance of trial and appellate counsel. Finds Ellis did not receive ineffective assistance of trial or appellate counsel, and therefore, the post-conviction court did not err in denying his petition.

G.L.W. v. J.W.S. (mem. dec.)
Domestic relation. Affirms the modification in Hamilton Superior Court of G.L.W.’s child support for his daughter, H.W. Finds father has not demonstrated that the trial court’s order modifying his child support obligation is clearly erroneous. Finds father has waived his challenge to the trial court’s order that he pay a portion of mother’s attorney fees.

Dwight Neal v. State of Indiana (mem. dec.)
Criminal. Affirms Dwight Neal’s conviction in St. Joseph Superior Court of Level 5 felony robbery. Finds Neal has failed to establish that the trial court denied him his due process rights to present a defense and/or confront the witnesses against him.

Jessie Hatcher v. State of Indiana (mem. dec.)
Criminal. Affirms Jessie Hatcher’s convictions in Cass Superior Court of Class B felony rape, Class D felony criminal confinement, Class D felony strangulation, and Class A misdemeanor domestic battery. Finds Hatcher has failed to establish a violation of Indiana’s common-law double jeopardy rules.

Jamie Naftzger v. Patrick McCartney (mem. dec.)
Domestic relation. Affirms the modification of Patrick McCartney’s parenting time to his child. Finds mother has failed to establish that the Hendricks Superior Court abused its discretion by modifying father’s parenting time.

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