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Opinions Sept. 9, 2022

Court of Appeals of Indiana
Damon Daniels v. Jeffrey Drake and Lisa Drake
22A-CT-68
Civil tort. Reverses and remands the Franklin Circuit Court’s grant of summary judgment to Jeffrey and Lisa Drake after FedEx driver Damon Daniels sued them for damages after the Drakes’ dog bit him on the job. Finds a genuine issue of material fact as to the dangerous tendencies of Great Danes, which, if true, the Drakes are likely to be aware of. As a result, finds that would generate a genuine issue as to whether the Drakes took reasonable precautions under the circumstances to prevent their dog from causing injury to Daniels, an invitee on their land. Remands for further proceedings.

FedEx driver secures COA reversal against dog owners

| Katie Stancombe

A FedEx driver bit by a dog despite the owners’ assurance that he was safe to deliver a package has secured a reversal from the Court of Appeals of Indiana. The appellate panel found questions remained about whether the owners knew their dog’s breed had dangerous propensities when the deliveryman was invited onto their property. 

Florida judge faces criticism following order in Trump case

| Associated Press

U.S. District Judge Aileen Cannon is facing sharp criticism following her decision this week to grant a request by former President Donald Trump’s legal team for an independent arbiter to review documents obtained during an FBI search of his Florida property last month.

Fed hoping higher rates won’t mean deep U.S. recession

| Associated Press

The last time the Federal Reserve faced inflation as high as it is now, in the early 1980s, it jacked up interest rates to double-digit levels—and in the process caused a deep recession and sharply higher unemployment. On Thursday, Chair Jerome Powell suggested that this time, the Fed won’t have to go nearly as far.

Judge approves $2.46B Boy Scouts reorganization plan

| Associated Press

A bankruptcy judge on Thursday approved a $2.46 billion reorganization plan proposed by the Boy Scouts of America, which would allow it to keep operating while compensating tens of thousands of men who say they were sexually abused as children while involved in Scouting.

Judge rules against required coverage of HIV prevention drug

A federal judge ruled Wednesday that required coverage of an HIV prevention drug under the Affordable Care Act violates a Texas employer’s religious beliefs and undercut the broader system that determines which preventive drugs are covered in the U.S.