Indiana Court Decisions – Nov. 17-30, 2021
Read Indiana appellate court decisions from the most recent reporting period.
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Indiana Judges Association: Indiana’s commercial courts are working for businesses
What do Saint Thomas More, patron saint of lawyers, and Indiana’s commercial courts have in common? They both made history by the effective streamlining of business law cases.
IndyBar: Home Sweet Home: An Immediate Call Out for Advice-Only Legal Assistance in Response to the Eviction Crisis
Demand has increased for immediate pro bono volunteers to help with this eviction crisis.
10 years after America Invents Act, IP lawyers have mixed feelings on challenge provisions
The America Invents Act sought to make the patent filing process easier, enabling American entrepreneurs and businesses to get inventions to the marketplace more quickly with fewer costs and unnecessary litigation. While that’s proven true for some, other members of the innovation community say those goals have been hit or miss over the last decade.
If Roe falls, some fear ripple effect on civil rights cases
If the Supreme Court decides to overturn or gut the decision that legalized abortion, some fear that it could undermine other precedent-setting cases, including civil rights and LGBTQ protections.
Opinions Dec. 7, 2021
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Monday.
7th Circuit Court of Appeals
Sachin Gupta v. Chad Melloh and City of Indianapolis
18-cv-00427
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James R. Sweeney II.
Civil. Reverses the summary judgment awarded to police officer Chad Melloh and the city of Indianapolis on an excessive force complaint made by Sachin Gupta. Finds a factfinder is needed due to material disputes. Finds the Southern District Court also erred in awarding summary judgment on additional claims made by Gupta. Remands to the district court for further proceedings.
Federal court denies motion to sanction Indy attorney for Trump Wisconsin lawsuit
A district court in Wisconsin has rejected a bid by Wisconsin officials to recoup attorney fees from the Indianapolis law firm of Kroger Gardis & Regas for what the court called a “meritless case” of contesting how the November 2020 general election was conducted.
COA reinstates kidnapping case, says trial court erred in dismissing charging information
A man accused of kidnapping and confining his girlfriend must face felony charges after the Court of Appeals of Indiana reinstated the case against him, finding the trial court misapplied the law in dismissing the charging information.
7th Circuit reverses summary judgement for Indy police officer in excessive force case
The 7th Circuit Court of Appeals is sending an excessive force case back down to the U.S. District Court for the Southern District of Indiana after it found the district court erroneously awarded summary judgment to an Indianapolis police officer and the city.
Justices deny 19 petitions to transfer
| IL Staff
The Indiana Supreme Court has denied 19 cases on petition to transfer, rejecting a handful of cases involving medical malpractice, school threats and sentence modifications.
Hospitals set new pandemic record, with 70% of staffed beds in use
The latest surge in COVID-19 cases is taking its toll on Indiana hospitals, which set a new record over the weekend with 70% of all staffed hospital beds currently in use.
Parents of SW Indiana girl sue city after she drowns in pool
The parents of a 5-year-old girl who drowned last summer in a southwest Indiana city’s swimming pool are suing the city and the child’s foster parent, accusing them of negligence in her death.
Justice Department sues Texas over new redistricting maps
The Justice Department sued Texas on Monday over its new redistricting maps, saying the plans discriminate against minority voters, particularly Latinos, who have fueled the state’s population boom.
State loses bid to depose hospital in abortion lawsuit
| IL Staff
The state will not get to depose a Philadelphia hospital as part of one of Indiana’s multiple abortion-related lawsuits after a federal judge overruled the state’s objection to the grant of the hospital’s motion to quash.
Opinions Dec. 6, 2021
Court of Appeals of Indiana
Roy Michael Johnson v. Samantha A. Johnson
21A-DN-1003
Domestic relations no children. Affirms in part and reverses in part the Hancock Circuit Court’s dissolution of marriage for Roy Johnson and Samantha Johnson. Remands with instructions for the trial court to remove the husband’s accumulated leave from the marital pot, award the wife all of the husband’s pension’s survivor benefits, clarify whether it is awarding Samantha attorney fees, and recalculate and re-determine a just and reasonable division of the marital estate. Finds the trial court clearly erred by including Roy’s accumulated leave in the marital pot but did not err by excluding the college loans executed after the date of filing. Also finds no abuse of discretion in determining that an unequal division of the marital estate in Samantha’s favor was just and reasonable.
COA reinstates landlords’ tort claims against Hammond
A lawsuit against the city of Hammond brought by a group of corporate property landlords has been reinstated after the Court of Appeals of Indiana found the Lake Superior Court erred when it ruled their tort claims were filed in an untimely manner.
COA: Dissolution of marriage reversed in part for recalculation of marital estate
The Court of Appeals of Indiana has partially affirmed and reversed a couple’s dissolution of marriage, ordering the Hancock Circuit Court to recalculate and redetermine a just and reasonable division of the marital estate.
Report shows despite increase in funding, LSC grantees not able to meet demand
A report analyzing the 2020 activities of Legal Services Corporation grantees, which includes Indiana Legal Services, shows that even as federal funding for legal aid has climbed to $440 million, the highest amount ever appropriated, the number of cases closed has slumped and more than 70% of the assistance offered is classified as “limited.”
Lafayette woman sentenced for 2 deaths during robbery
An 18-year-old Lafayette woman has been sentenced to 50 years in prison for the shooting deaths of a pizza delivery driver and her boyfriend, both killed during a botched robbery.