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Opinions June 26, 2019

The following 7th Circuit Court of appeals opinion was posted after IL deadline Tuesday.
Donald Fessenden v. Reliance Standard Life Insurance Company and Oracle USA, Inc., Group Long Term Disability Plan  
18-1346
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Philip P. Simon.
Civil. Vacates the Northern District Court’s summary judgment determination in favor of Reliance Standard Life Insurance Company and remands for proceedings consistent with the opinion. Holds that the “substantial compliance” exception does not apply to missed deadlines. Finds that because Reliance violated a hard‐and‐fast obligation, its late decision to deny Fessenden benefits is not entitled to deference.

IBM awarded post-judgment interest to 2017 in long-running dispute

In its second opinion issued in the years-long dispute between Indiana and IBM Corp. over the failed contract to create a new Hoosier welfare system, the Indiana Supreme Court has allowed IBM to collect post-judgment interest on its $49.5 million damages award. However, that interest will date back only to a 2017 judgment on remand, not the original judgment entered in the company’s favor in 2012, and only serves as an offset to the greater sum IBM owes the state.

Justices uphold $1.3 million judgment for crash victim

A divided Indiana Supreme Court has affirmed an award of $1.3 million to a woman suffering long-lasting injuries resulting from car wreck. The majority held that evidence of a medical expert witness’s professional license status and reasons for his professional discipline may be admissible to challenge his credibility.

Family of Indy legal startup founder sues Tesla over fatal 2016 crash

Survivors of the founder of the Indianapolis-based legal startup Case Pacer, who died after a fiery 2016 crash of a Tesla Model S, have filed a wrongful death lawsuit against the electric car maker, claiming the company built and sold a vehicle it knew was defective.

COA affirms conviction over jury lunchtime instruction challenge

If there are no intervening proceedings between the reading of preliminary instructions and a jury being excused for lunch, trial courts are not required to give admonishments required under Indiana Code Section 35-27-2-4(a) more than once, the Indiana Court of Appeals affirmed.

Black juror strike upheld despite lack of demeanor finding

A burglary conviction will stand after the Indiana Court of Appeals found race-neutral reasons to strike a black juror, though the appellate court did opine on best practices to avoid confusion in future Batson challenges.

Lawrence retiring from Southern Indiana District Court

Senior Judge William Lawrence of the U.S. District Court for the Southern District of Indiana will retire June 30, creating a “bittersweet” moment for the federal court that was his judicial home for nearly 17 years.

Supreme Court strikes down Tennessee liquor sale residency law

The Supreme Court of the United States on Wednesday struck down a Tennessee law that makes it hard for outsiders to break into the state’s liquor sales market. The ruling also could have implications for Indiana’s liquor distribution laws.

Mueller to testify publicly before 2 House committees

Former special counsel Robert Mueller has agreed to testify publicly before Congress on July 17 after Democrats issued subpoenas to compel him to appear, the chairmen of two House committees announced.

Opinions June 25, 2019

7th Circuit Court of Appeals 
SelectSun GmbH v. Porter, Inc., d/b/a Thunderbird Products
18-3149
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Theresa L. Springmann.
Civil. Affirms the Northern District Court’s judgement against SelectSun GmbH in its contract and warranty dispute over whether the exhaust system on a $1 million yacht manufactured by Porter, Inc. complied with particular regulatory requirements imposed by the European Union. Finds SunSelect did not meet its burden of proving damages to a reasonable certainty on either its breach of contract or warranty claims. Also finds SelectSun failed to carry its burden in demanding a return of the yacht’s entire purchase price.

Web Exclusive: Taft employees volunteer time, funds for IPS 58 students

| Katie Stancombe

Taft Stettinius & Hollister joined forces with United Way of Central Indiana in 2011 with the sole focus of creating and funding a robust afterschool program at IPS 58. Since both partners have joined hands with the school, Taft has donated more $1 million to help fund the afterschool program and other like academic initiatives.

taft-after-school-450bp

Landlord can’t obtain attorney fees from security deposit, COA rules

A South Bend landlord is not entitled to double recovery or attorney’s fees from a former tenant’s security deposit, an appellate panel ruled Tuesday. The landlord had taken hundreds from the woman’s deposit to cover its legal fees in a suit it filed against her.  

Bose attorney to challenge Hill for Republican AG nomination

An Indianapolis attorney with Bose McKinney & Evans LLP will challenge Indiana Attorney General Curtis Hill for the Republican nomination to become Indiana’s top lawyer. Formal announcements at four stops around the state are scheduled for Thursday.