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Opinions Dec. 28, 2021

Indiana Court of Appeals

Kim M. Lloyd v. Lawrence Kuznar and Trustees of Purdue University
21A-CT-1338
Civil tort. Affirms the Allen Superior Court’s denial of Kim Lloyd’s Trial Rule 60(B) motion to the extent it sought to set aside the dismissal of her complaint against Lawrence Kuznar and Trustees of Purdue University. Finds Lloyd cannot revive her claims because she stopped participating in the litigation and failed to keep the trial court apprised of her address, which resulted in their dismissal. Finds the trial court erred in denying Lloyd’s Trial Rule 60(B) motion with respect to the default judgment entered against her on Kuznar’s counterclaim and reverses on that portion. Remands for further proceedings.

Indiana Bar Foundation launching series of initiatives thanks to $13M grant

| Marilyn Odendahl

With a big boost from what is possibly the largest influx of financial support it has ever received, the Indiana Bar Foundation is preparing to use a $13.1 million grant from the Indiana Housing and Community Development Authority to launch a series of initiatives to help guide Hoosiers facing housing problems through the civil legal system.

Opinions Dec. 27, 2021

Court of Appeals of Indiana
Kelly Holland v. Tammy M. Ketcham and Jason W. Ketcham
21A-CT-1708
Civil tort. Reverses the Lawrence Circuit Court’s entry of judgment for Tammy and Jason Ketcham against Kelly Holland in his lawsuit filed under Indiana’s Uniform Fraudulent Transfer Act on grounds that Tammy had transferred her cash assets of $200,000 into a real property in an attempt to hinder, delay, or defraud Holland as the judgment creditor under their dissolution decree. Concludes that Tammy had the actual intent to hinder, delay, or defraud Holland as her judgment creditor under the dissolution decree. Also finds Holland has shown that Jason acted in concert with Tammy in the commission of a fraudulent transfer. Remands for further proceedings as to Holland’s remedy.

Do-over eminent domain opinion yields same result

| Marilyn Odendahl

The Court of Appeals of Indiana has released what it is calling a “substitute opinion” in the dispute between a property owner and the Gary Housing Authority, but while the court clarified one of the issues being reviewed, the outcome remained the same.

Marion County judicial interviews scheduled for Jan. 18

| IL Staff

The Marion County Judicial Selection Committee will be interviewing 13 individuals, including six magistrates, two deputy prosecutors and a public defender, for the vacancy created by the impending resignation of Marion Superior Judge Mark Jones.

Student sues Noblesville High School, claiming school prohibited pro-life club

| Marilyn Odendahl

Alleging Noblesville High School prevented a freshman from organizing a pro-life club because the group’s “political agenda is not aligned with the administration’s agenda,” the student, her parents and her club, Noblesville Students for Life, have filed a lawsuit against the school and several faculty members for violating the rights of free speech and association.

Split justices eliminate proximity rule for emotional distress claims

| Olivia Covington

A mother who brought claims for emotional distress after learning that her disabled daughter had been sexually abused can once again proceed with her case after a majority of the Indiana Supreme Court created a new rule eliminating the proximity requirement for emotional distress recovery. A dissenting justice, however, warned that the “watershed” ruling could have a wider-ranging impact than anticipated.

Opinions Dec. 23, 2021

The following opinions were posted after IL deadline on Wednesday:

7th Circuit Court of Appeals
Brooke Persinger v. Southwest Credit Systems, L.P.
21-1037
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Affirms the district court’s grant of summary judgment to Southwest Credit Systems L.P. in a dispute with Brooke Persinger. Finds Southwest’s compliance procedures were reasonable and thus met the Fair Credit Reporting Act requirements. Also finds the evidence shows that Southwest had a reasonable basis for relying on its procedures and that summary judgment for Southwest was appropriate because no reasonable juror could conclude that the inquiry into Persinger’s propensity‐to‐pay score resulted in actual damages.