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Opinions Jan. 23, 2019

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Tuesday:
Charlotte Robinson and Bobby Don Bowersock as co-personal representatives of the Estate of Georgia J. Bowersock, deceased, and Mark Bowersock, individually v. Davol Inc. and C.R. Bard, Inc.
17-2068
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Larry J. McKinney.
Civil. Affirms the grant of summary judgment to Davol Inc. and C.R. Bard, Inc. on a claim brought by the estate of Georgia Bowersock, who died after a Bard-manufactured surgical mesh patch was implanted in her body. Finds the novel theory of causation presented by the estate’s expert was not peer-reviewed, professionally presented, consistent with Bowersock’s medical records or autopsy or substantiated by other cases. Also finds the judge did not abuse his discretion in excluding the expert testimony.

Divided 7th Circuit: Business owner may seek discharge of back pay debt

A divided panel of the 7th Circuit Court of Appeals has allowed an Indiana business owner to seek to discharge back pay debt in bankruptcy proceedings, rejecting the National Labor Relations Board’s argument that the debt was not dischargeable because the employees to whom the back pay was owed were “maliciously” fired.

COA reinstates Hammond zoning suit against landlord

The city of Hammond may proceed with an ordinance violation act against a local landlord after the Indiana Court of Appeals rejected a trial court’s finding that it lacked subject matter jurisdiction to hear the case in a trial de novo.

COA: Expungement petitioners can’t cross-examine victims

Expungement petitioners do not have the right to cross-examine the victims of their crimes who submit victim impact statements, the Indiana Court of Appeals ruled in a Tuesday decision upholding the denial of a Marion County expungement petition.

Judgment for mesh implant makers upheld after woman’s death

The estate of a woman who died after a surgical mesh patch was implanted in her body will not be able to proceed with a lawsuit against the patch’s manufacturer and patent holder after the 7th Circuit Court of Appels upheld summary judgment for the defendants Tuesday.

Leadership in Law Awards nomination deadline looms

Time is running out to submit nominations for Indiana Lawyer’s Leadership in Law Awards. Entries for the 2019 Up and Coming Lawyer and Distinguished Barrister awards will be accepted until noon Friday, Jan. 25.

Legislative panel deletes making fertility fraud criminal

Some men and women whose mothers were unkowningly impregnated by their fertility doctor’s own sperm are upset that an Indiana legislative panel isn’t endorsing a proposed state law specifically against such actions.

DCS reform bill passes House

The Indiana House of Representatives has unanimously signed off on a bill implementing reforms in the Indiana Department of Child Services – a bill that is just one of several designed to assist the troubled state agency.

Opinions Jan. 22, 2019

Indiana Court of Appeals 
In the Matter of L.N., Jr., a Child Alleged to be a Child in Need of Services; C.N. (Mother) and L.N., Sr. (Father) v. Indiana Department of Child Services
18A-JC-1666
Juvenile CHINS. Reverses the Allen Superior Court’s adjudication of L.N.,Jr. as a child in need of services. Finds there is insufficient evidence to prove that L.N., Jr. was seriously endangered as a result of his parents’ mental health issues. Also finds that future concerns for his safety are not enough to support a CHINS determination. 

Rallies at Statehouse show divide over Roe still wide after 46 years

On the 46th anniversary of the landmark Roe v. Wade decision legalizing abortion, supporters and opponents scheduled rallies at the Indiana Statehouse, underscoring the deep divide over the ruling that remains more than four decades later. Advocates of reproductive rights gathered on the fourth floor of the Statehouse Tuesday to begin their push for Senate Bill 589, while Indiana Right to Life had a rally scheduled for Tuesday afternoon. 

Supreme Court releases censored appeal by foreign government

An unidentified foreign government is asking the Supreme Court to get involved in a case that may be part of special counsel Robert Mueller’s Russia investigation. The appeal doesn’t identify the country, a company it controls or even the lawyers who are representing it, but it says the justices should make clear that a federal law that generally protects foreign governments from civil lawsuits in the U.S. also shields them in criminal cases.