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Opinions Jan. 3, 2018

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
E.F. Transit, Inc. v. David Cook, et al.
16-3641
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Reverses the dismissal of E.F. Transit’s declaratory and injunctive action that argued enforcement of Indiana’s prohibited-interest statutes is preempted by federal law. Finds the Indiana Supreme Court’s ruling in Indiana Alcohol and Tobacco Commission v. Spirted Sales, LLC, removes any ripeness barrier to the federal lawsuit. Remands for further proceedings.

Indiana lawmakers return for possibly contentious session

Legislators returned to the Indiana Statehouse on Wednesday to begin this year’s General Assembly session, which will be the first in recent memory in which the Republican supermajorities do not have an overarching objective they hope to achieve.

COA reverses termination of parent-child relationship

The Allen Superior Court must revisit a parental rights termination proceeding after the Indiana Court of Appeals determined insufficient evidence and prior appellate precedent failed to support the court’s termination of a father’s parental relationship with his son.

Courts enter final year of e-filing rollout

The Benton Circuit Court implemented mandatory electronic case filing on Tuesday, the first court to move to a mandatory system in 2018 as the state continues its push to introduce e-filing to all Indiana counties by the end of the year.

7th Circuit reinstates Monarch-linked liquor distribution suit

The legal battle over an Indiana law that prohibits companies from holding permits for both beer and liquor wholesaling will continue after the 7th Circuit Court of Appeals reversed the dismissal of a federal case that challenges the enforcement of Indiana’s prohibited-interest statute.

Opinions Jan. 2, 2018

The following Indiana Tax Court opinion was posted after IL deadline Friday.
Nick Popovich v. Indiana Department of State Revenue
49T10-1010-TA-53
Tax. Affirms the Department of Revenue’s 2004 proposed assessment of income taxes for Nick Popovich, finding he failed to prove that he gambled with continuity and regularity and with the intent to make a profit.

Indiana gambler loses in tax court

In a case of first impression, a northwest Indiana man failed to convince the Indiana Tax Court that his blackjack playing was how he earned his living and, therefore, he should be eligible for certain gambling-related deductions from his state income taxes.

Opinions Dec. 29, 2017

Indiana Court of Appeals
Campbell Hausfeld/Scott Fetzer Company v. Paul Johnson
64A03-1705-CT-984
Civil tort. Affirms and reverses in part the grant of summary judgment in favor of Campbell Hausfeld/Scott Fetzer Company on Paul Johnson’s defective design claim and the denial of summary judgment with regard to Johnson’s failure to warn claim. Finds Campbell Hausfeld is not entitled to summary judgment on any of its asserted statutory defenses. Also finds the designated evidence establishes a genuine issue of material fact regarding whether Campbell Hausfeld provided adequate warning concerning the use of a Grinder with a cut-off disc. Finally, finds Campbell Hausfeld failed to establish its entitlement to summary judgment on the defective design claim. Remands.

Summary judgment for gastroenterologist affirmed

The Indiana Court of Appeals has affirmed summary judgment for a gastroenterologist who was alleged to have committed malpractice by not informing a patient of the criteria for a liver transplant. The court ruled Friday the patient’s estate failed to prove their claim should be allowed to proceed after a seven-year delay in its filing.