Opinions Nov. 25, 2020

7th Circuit Court of Appeals
BRC Rubber & Plastics, Inc. v. Continental Carbon Company 
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Magistrate Judge Susan L. Collins.
Civil. Affirms the district court’s order for seller Continental Carbon Company to pay damages to buyer BRC Rubber & Plastics Inc. and the award of prejudgment interest to BRC for the cost of replacing lost supply at higher prices. Finds the district court properly applied Section 2-609 of the Uniform Commercial Code to find that the seller gave the buyer reasonable grounds for doubting that it would perform and that the seller repudiated by failing to provide adequate assurance that it would continue to perform. Also finds the court properly applied Section 2-712 to find that the buyer’s cover was commercially reasonable. Finally, finds the court did not err in awarding prejudgment interest.

Indiana Court of Appeals
Abercrombie and Fitch Stores, Inc. v. Simon Property Group, L.P.
Civil tort. Affirms the Marion Superior Court’s grant of a preliminary injunction in favor of Simon Property Group that prohibited Abercrombie and Fitch Stores, Inc. from permanently closing its retail stores in Simon malls. Finds Abercrombie’s mandatory injunction argument fails. Finds it was reasonable for the trial court to conclude that Abercrombie’s sudden decision to vacate and permanently close its stores would present irreparable harm to Simon. Finds that the indirect effects of a mass store closing, along with the consequences of the pandemic, supports the trial court’s grant of injunctive relief until a final judgment on the merits may be rendered.

Christopher L. Sanders v. State of Indiana (mem. dec.)
Criminal. Affirms Christopher Sanders’ aggregate two-year sentence for conviction of two counts of Level 6 felony theft. Finds Sanders has not established that the Marion Superior Court’s decision to impose the $400 program fee was an abuse of discretion.

Michael Gayer and Auto-Owners Insurance Company v. State of Indiana ex rel. Curtis T. Hill Jr., Attorney General of Indiana (mem. dec.)
Civil plenary. Affirms the denial of Michael Gayer’s motion to withdraw his default admissions and its grant of summary judgment in favor of the State of Indiana ex rel. Curtis T. Hill Jr., Attorney General of Indiana, and order that Gayer, the former Pulaski County sheriff, pay a judgment of $26,637.34. Finds the Pulaski Circuit Court did not abuse its discretion when it denied Gayer’s motion to withdraw his admissions and did not err when it granted summary judgment to the state.

Anthony Williams v. State of Indiana (mem. dec.)
Criminal. Affirms Anthony Williams’ aggregate three-year sentence for conviction of Class A misdemeanor invasion of privacy. Finds Williams’ sentence is not inappropriate in light of the nature of the offense and his character.

In the Matter of J.L. and T.L., Children in Need of Services, M.L., Father v. Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms the determination that M.L.’s children J.L. and T.L. are children in need of services. Finds the Department of Child Services presented sufficient evidence in Clark Circuit Court to prove the elements of Indiana Code section 31-34-1-1. Finds M.L. has waived his arguments concerning the dispositional order.

Clarence Edward Bell, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Clarence E. Bell, Jr.’s murder conviction in Vigo Superior Court. Concludes that a reasonable factfinder could find beyond a reasonable doubt that Bell murdered the victim.

James E. Saylor v. State of Indiana ex rel. Department of Workforce Development (mem. dec.)
Civil collection. Affirms the Lawrence Circuit Court’s order granting summary judgment in favor of the State of Indiana ex. rel. Department of Workforce Development against James Saylor. Finds the trial court had personal jurisdiction over Saylor and DWD is entitled to enforce the ALJ’s decision requiring Saylor to repay unemployment benefits he illegally obtained.

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