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Opinions

Opinions

ARTICLES

Opinions Aug. 10, 2018

Indiana Supreme Court
In the Matter of the Honorable Ryan D. Johanningsmeier, Judge of the Knox Superior Court 2

18S-JD-351
Judicial discipline. Reprimands Knox Superior Court 2 Judge Ryan D. Johanningsmeier.  Under a Statement of Circumstances and Conditional Agreement for Discipline, finds Johanningsmeier engaged in judicial misconduct by his actions in, and failure to recuse from, a close friend’s traffic-infraction case. Finds Johanningsmeier violated six provisions of the Code of Judicial Conduct.
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Opinions Aug. 9, 2018

Indiana Court of Appeals
Daniel T. O'Bryant, D.B.A. O'Bryant Transport LLC v. Alan P. Adams, Luan Adams, D.B.A., A.L.A. Trucking, Inc.

48A02-1711-PL-2709
Civil plenary. Affirms the Madison Circuit Court’s dismissal of Daniel O’Bryant’s claims against A.L.A. Trucking, Inc for breach of contract. Finds the trial court did not err when it dismissed O’Bryant’s claim due to the forum selection clause in an independent contractor agreement, so the trial court did not abuse its discretion when it denied O’Bryant’s motion to correct error.
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Opinions Aug. 8, 2018

Indiana Supreme Court
In the Matter of Charles R. Huston

18S-DI-258
Disciplinary. Finds Charles Huston in contempt for practicing law while suspended and extends his suspension to a minimum of two years without automatic reinstatement. Orders Huston to pay a fine and orders him to serve 15 days in prison if the fine is not timely paid.
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Opinions Aug. 7, 2018

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of E.A.G. (Minor Child); C.L. (Mother) and A.G. (Father) v. Indiana Department of Child Services (mem. dec.)

18A-JT-293
Juvenile termination. Affirms the Dearborn Circuit Court’s termination of A.G. and C.L.’s parental rights over their minor child, E.G. Finds the totality of the evidence, including the parents’ historical inability to provide a safe and stable home and their failure to maintain contact with E.G., supports the trial court’s conclusion that termination of parental rights is in E.G.’s best interest. 
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Opinions Aug. 6, 2018

Indiana Court of Appeals 
Beverly K. Oswald v. Tarek Shehadeh and Falon Vela

29A02-1711-PL-2627
Civil plenary. Reverses the Hamilton Superior Court’s decision to dismiss a breach of contract suit that found Indiana lacked personal jurisdiction over the defendants over Tarek Shehadeh and Falon Vela. Finds both defendants had sufficient minimum contacts with Indiana for the court to exercise personal jurisdiction over them. Also finds their due process rights will not be violated by proceeding Indiana. Remands for further proceedings.  
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Opinions Aug. 3, 2018

7th Circuit Court of Appeals 
Susan Spicher v. Nancy Berryhill 

17‐3399
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge William C. Lee
Civil. Reverse and remands the denial of social security disability insurance benefits and supplemental security income to Susan Spicher. Finds the administrative law judge did not provide reasoning for her rejection of medical observations that undercut her conclusion. Remands for the ALJ to address Dr. Crystal Strong’s recommendation that Spicher regularly ambulate and evidence that Spicher could not perform certain postural activities and account for the effects of Spicher’s humerus fracture and carpal tunnel syndrome. 
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Opinions Aug. 1, 2018

The following 7th Circuit Court opinion was posted after IL deadline on Tuesday.
Mark McCleskey v. CWG Plastering, LLC
17‐1980
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Larry J. McKinney.

Civil. Reverses and remands the Indiana Southern District Court’s decision to grant summary judgment to CWG Plastering, LLC. Finds the appellants provided enough evidence to support their case, concluding the district court was too quick to grant summary judgment in favor of CWG Plastering, LLC. Judges Frank Easterbrook and David Hamilton concur with separate opinions.

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Opinions July 31, 2018

Indiana Court of Appeals
In the Matter of the Involuntary Termination of the Parent-Child Relationship of Z.B., D.B., L.B., Me.B., Ma.B. (Minor Children) and A.B. (Mother) v. The Indiana Department of Child Services, et al.
18A-JT-318 
Juvenile termination of parental rights. Affirms the Delaware Circuit Court's termination of mother A.B.'s parental rights, holding that a court-appointed special advocate may prosecute a TPR case even when the Department of Child Services objects.
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