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Opinions March 4, 2019

Indiana Court of Appeals
FMS Nephrology Partners North Central Indiana Dialysis Centers, LLC v. Meritain Health, Inc., et al.
18A-PL-1349
Civil plenary. Affirms the St. Joseph Superior Court’s award of summary judgement in favor of Meritain Health, Inc., Beacon Health System, Inc., Beacon Health System Group Benefit Plan, Beacon Health System Group Benefit Plan – Union Plan, University of Notre Dame Du Lac, University of Notre Dame CHA HMO Plan (Medical), University of Notre Dame Select HMO Plan (Medical), and University of Notre Dame PPO Plan (Medical). Finds breach of contract and promissory estoppel claims presented by FMS Nephrology Partners North Central Indiana Dialysis Centers, LLC, are pre-empted under the Employee Retirement Income Security Act. Concludes summary judgment was properly awarded to the Beacon Health and Notre Dame plans.

$50M HHGregg suit attacks insiders for accepting customer deposits to very end

A lawsuit quietly wending its way through a Marion County court zings former HHGregg CEO Bob Riesbeck and three other insiders of the failed chain, alleging they allowed it to continue accepting customers’ deposits on merchandise long after its tailspin cast doubt on whether it had the financial wherewithal or inventory to fulfill the orders.

Dialysis facility’s breach of contract claims pre-empted

A medical facility that provided regular, life-sustaining dialysis treatments lost its appeal seeking to recover more than $1.5 million from its patients’ benefit plans when the Indiana Court of Appeals found the facility’s claims were pre-empted by the Employee Retirement Income Security Act.

E-filing now available in Wayne County

Wayne circuit and superior courts have instituted electronic filing, joining most Indiana’s 92 counties who have already implemented the change.

Jennings County escape suspect gets away at courthouse

Authorities are searching for a southern Indiana jail inmate who has escaped from custody. Law enforcement officials say Jennings County Jail inmate Kimlynn Patton escaped Friday in the area of the Jennings County Courthouse in Vernon.

Critics say Indiana redistricting bill doesn’t do enough

An Indiana bill that would change the state’s redistricting rules doesn’t do enough to end gerrymandering, critics say. The bill sponsored by Republican Sen. Greg Walker of Columbus would allow lawmakers to continue drawing the state’s legislative and congressional district maps for the foreseeable future.

Boy, 17, to face murder charges in case of 2 missing teens

A prosecutor says a teenage boy will be charged with murder in connection with the disappearance of two northwestern Indiana teenagers. Porter County Prosecutor Gary Germann said Sunday the 17-year-old boy is expected to be charged Monday with two counts of murder related to the disappearance of eighteen-year-old Thomas M. Grill, Jr. and 19-year-old Molley R. Lanham.

Howard County sending texts to defendants about hearings

A central Indiana county has started sending text messages to criminal defendants to remind them about their upcoming court hearings. Howard County authorities hope the texting service that began in February can hold down the county jail’s population and reduce the resources law enforcement must devote to tracking down people who miss court appearances.

Opinions March 1, 2019

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday.
David Jones v. Dushan Zatecky
17-2606
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Vacates the district court’s denial of David Jones’ petition for writ of habeus corpus. Finds Jones is entitled to the issuance of a writ of habeas corpus under 28 U.S.C. § 2254, based on his attorney’s failure to object to an untimely amendment to his conviction for criminal confinement. Remands with instructions to issue the writ within 120 days with respect the criminal confinement conviction and to make any necessary adjustments to Jones’ sentence on the two unchallenged counts of conviction. Circuit Judge Manion dissents in a separate opinion.

Split 7th Circuit slams Indiana attorneys in grant of habeas petition

The 7th Circuit Court of Appeals granted a man’s habeas corpus petition — and offered harsh comments for Indiana defense attorneys — after finding ineffective assistance of counsel for a man whose attorney blatantly disregarded an opportunity to object to amended charges filed late.

COA: Insurance policy terms mean suspended driver still covered

A man whose driver’s license was suspended after crashing into a home will still receive coverage now that the Indiana Court of Appeals determined his insurer’s policy did not specifically say he could be denied coverage under its entitlement exclusion.

Judge rejects Elkhart’s subpoena for newspaper records

A federal judge has rejected the City of Elkhart’s attempt to force a newspaper to turn over records of its reporting on a Chicago man who was pardoned after a decade in prison and is suing the Indiana city for wrongful conviction.

Carmel police force deploying body cameras

A suburban Indianapolis police force has begun deploying new body cameras while on patrol. The city of Carmel says its police department received an $80,000 federal grant to help fund the first phase of a five-year, no-interest lease for 120 body cameras and 100 in-car cameras.