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Opinions March 27, 2020

The following 7th Circuit Court of Appeals was posted after IL deadline on Thursday.
Rexing Quality Eggs v. Rembrandt Enterprises, Inc.
19-2146
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms the Southern District Court’s decision, finding that the proceedings at hand were logically part of Rexing I and that the attempt to rehash them in Rexing II was an impermissible effort at claim splitting.

JNC to interview 13 to succeed Baker in May

| IL Staff

A total of 13 candidates to fill an upcoming vacancy on the Indiana Court of Appeals will be interviewed in May, one month later than originally scheduled due to social distancing requirements to stem the spread of COVID-19.

Indiana officials push for obeying stay-at-home order

| Associated Press

The Indianapolis 500 on Thursday joined a long list of sporting events postponed by the coronavirus, as Indiana reported its death toll from the pandemic has risen by three to 17. State officials also insisted residents abide by the governor’s stay-at-home order to rein in the coronavirus spread and not take advantage of its travel and work exemptions.

Opinions March 26, 2020

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Wednesday.
Carl Castetter v. Dolgencorp, LLC
19-2026
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Theresa L. Springmann.
Civil. Affirms the district court’s summary judgment ruling in favor of Carl Castetter’s employer, Dolgencorp, on his claim of disability discrimination. Finds Castetter’s claims are insufficient to meet the level of proof that his disability following cancer treatment was the “but for” cause of his termination.

Stimulus package includes more money for legal aid

| Marilyn Odendahl

Included in the $2 trillion stimulus package passed by the U.S. Senate on Wednesday is a $50 million appropriation to the Legal Services Corp., which is bracing for a spike in legal needs among those with low income as the economy buckles under the weight of the coronavirus pandemic.

 

Opinions March 25, 2020

Indiana Court of Appeals
Guadalupe Pava v. State of Indiana
19A-CR-716
Affirms Guadalupe Pava’s conviction in Marion Superior Court of battery by a person at least 18 years of age resulting in bodily injury to a person less than 14 years of age as a Level 5 felony. Finds the objective reasonableness standard adopted in Willis v. State,888 N.E.2d 177 (Ind. 2008), would provide sufficient notice of what conduct crosses the line from mere discipline of a child to battery. Also finds Pava has failed to carry her burden of demonstrating that the battery statute is unconstitutionally vague as applied to her specific act of repeatedly striking P.P. with an electrical cord. Finally, finds the state submitted ample evidence to demonstrate beyond a reasonable doubt that Pava used an unreasonable amount of force, thus disproving her defense of parental privilege.