Court opinions

7^th Circuit Court of Appeals
Heather Schroeder and Misty Tanner v. Progressive Paloverde Insurance Company and Progressive Southeastern Insurance Co.
24-1559
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson. Reverses the district court’s class certification order for a group of Indiana car owners insured by Progressive Paloverde Insurance Company and Progressive Southeastern Insurance Company (whose cars Progressive deemed total losses after collisions. Finds the district court’s class certification decision rested on an erroneous interpretation of Progressive’s Indiana auto insurance policy. Remands for further proceedings consistent with this opinion. Multiple attorneys listed for both appellants and appellees.

Indiana Court of Appeals
Quadir Quiroz v. State of Indiana
24A-CR-2649
Criminal. Affirms Quadir Quiroz’s murder conviction in St. Joseph Superior Court. Finds that Tavian Logan’s testimony was unavailable and that his testimony’s unavailability was brought about by Quiroz and/or others acting on his behalf. Also finds the trial court did not abuse its discretion by declaring the  witness unavailable under Evidence Rule 804(a)(3) and 804(b)(5). Attorney for appellant: A. Robert Masters. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Alexandria Sons.

Perry County, Indiana; The Board of Commissioners of the County of Perry (Indiana); Randy Cole; Randy Kleaving; Rebecca Thorn v. Keith D. Huck
24S-PL-297
Civil plenary. Reverses the Perry Circuit Court’s temporary injunction order in favor of Keith Huck in his complaint seeking the immediate reinstatement of his insurance coverage by Perry County. Finds Huck has not shown by a preponderance of the evidence that he is likely to succeed on the merits. Also finds the trial court, therefore, abused its discretion in issuing a preliminary injunction. Vacates the preliminary injunction and remands for further proceedings consistent with this opinion. Chief Justice Loretta Rush concurs in the judgment with separate opinion. Justice Christopher Goff dissents with separate opinion. Attorneys for appellant: Anthony Overholt, Maggie Smith, Alexander Will. Attorneys for appellee: Keith Vonderahe, Robert Burkart, Dirck Stahl.

Indiana Court of Appeals
Michael Parker v. Indiana State Prison
24A-SC-1197
Small claims. Affirms the LaPorte Superior Court’s small claims judgment that the Indiana State Prison did not owe Michael Parker damages for his lost wedding band. Finds the small claims court did not clearly err when it did not award Parker damages for his lost wedding band. Reverses the judgment that the prison owed no damages for personal property Parker purchased from NASCO or the prison commissary. Finds that the small claims court clearly erred when it had awarded Parker $0 in damages. Remands with instructions to the small claims court to enter a damages amount representing the fair market value of the lost personal property based on the replacement cost of these items if purchased from NASCO or the prison commissary. Appellant, pro se: Michael Parker. Attorneys for appellee: Attorney General Todd Rokita, Supervising Deputy Attorney General Evan Comer.

7^th Circuit Court of Appeals
Malcolm Wilson v. Angelita Castaneda
22-3068
Prisoner. Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Jon DeGuilio. Affirms the district court’s dismissal of Malcolm Wilson’s pro se complaint against Indiana Department of Correction Lt. Angelita Castaneda at the screening stage under 28 U.S.C. § 1915A and the court’s later denial of his motion for reconsideration. Finds that Wilson’s disciplinary hearing did not violate the due process requirements of the 14^th Amendment. Also finds Castaneda’s restitution order was supported by Wilson’s statements, video evidence of the incident, and the conduct reports of the staff which stated the injured inmate had to be transferred to an outside hospital. Judge Candace Jackson-Akiwumi dissents with a separate opinion. Attorney for appellant: Michael Lindinger. Attorney for appellee: Robert Yoke. 

Indiana Court of Appeals
Allianz Global Risks US Insurance Company v. Technicolor USA, Inc., et al.
24A-PL-1522
Civil plenary. Affirms the Marion Superior Commercial Court’s granting of partial summary judgment for Technicolor on the issue of coverage under the Umbrella Policies and its order to Allianz to defend Technicolor and reimburse costs Technicolor incurred defending itself in the Second Class Action. Finds neither the known loss doctrine nor the deemer clauses in the Umbrella Policies preclude coverage for Technicolor’s defense costs and attorneys’ fees for the Second Class Action. Also finds Allianz owes a duty to indemnify Technicolor for fees and costs associated with Technicolor S.A. Also finds the Commercial Court did not abuse its discretion by ordering prejudgment interest on Technicolor’s attorneys’ fee invoices, calculated from the date the invoices were due. Finally, finds Allianz is obligated to pay costs related to Technicolor’s arbitration proceedings. Attorneys for appellant: Katherine Haire, Lyndsay Ignasiak, John O’Malley. Attorneys for appellees: George Plews, Sean Hirschten, Ryan Leagre.

Indiana Court of Appeals
Ethane Potts v. State of Indiana
24A-CR-2072
Criminal. Affirms Ethane Potts’ convictions in St. Joseph Superior Court for one count of rape by sexual intercourse and one count of rape by “other sexual conduct,” as well as his sentence of 22 years, with 18 years to serve and four years suspended to probation. Finds rape by sexual intercourse and rape by “other sexual conduct” are separate criminal acts even when committed during a single episode. Also finds nothing about the nature of the offenses makes Potts’s sentence inappropriate. Attorneys for appellant: James Voyles, Jr., Tyler Helmond. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Ellen Meilaender.

Indiana Court of Appeals
Holcim (US) Inc. v. ACMS Group, Inc.
24A-PL-2458
Civil plenary. Affirms Lake Superior Court Judge John Sedia’s ruling that Holcim Inc. had breached its agreement with ACMS Group, Inc. for jobsite cleaning and awarded ACMS direct and consequential damages, prejudgment interest, and attorney’s fees totaling almost $6 million. Finds that taken as a whole, the record supports an inference that the damages caused to ACMS by Holcim’s nonpayment of contract and other extra costs were reasonably foreseeable. Also finds that the trial court did not err in finding that Holcim had breached the terms of the agreement. Attorney for appellant: Jeff Carroll. Attorneys for appellee: Stephen Maish, Patrick Mysliwy.

Indiana Court of Appeals
In the Matter of the Revocable Trust of John R. Mohr and Maxine Mohr Dated June 5, 2003 and Restated Dated December 23, 2021 and In the Matter of the Estate of John R. Mohr; Angel M. Mohr v. Star A. Johnston
25A-TR-59
Trust. Affirms Allen Superior Court Magistrate Phillip Houk’s granting of summary judgment to Star Johnston and the trial court’s denial of Angel Mohr’s cross motion for summary judgment in actions involving the supervised estate of John Mohr and the Revocable Trust of John Mohr and Maxine Mohr. Finds that the father’s will’s no contest provision was not triggered, and the trial court did not err by granting Johnston’s motion for summary judgment or by denying Mohr’s cross motion for summary judgment. Attorney for appellant: Andrea Ciobanu. Attorneys for appellee: Jeffrey Clark, Madison Heiney, Garrett McNamee.

7^th Circuit Court of Appeals
Michael Dewayne Lairy v. United States of America
23-2957
Prisoner. Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard Young. Vacates the district court’s denial of Michael Lairy’s petition for a writ of habeas corpus under 28 U.S.C. § 2255, claiming in part that he did not qualify for the Armed Career Criminal Act’s mandatory 15-year sentence and that his counsel was ineffective for failing to raise this issue. Finds the district court abused its discretion by rejecting equitable tolling without first conducting an evidentiary hearing. Remands to the district court to conduct an evidentiary hearing on equitable tolling. Attorney for appellant: Jacob Leon. Attorneys for appellee: Brian Reitz, Pamela Domash.

Indiana Court of Appeals
Tim Kinder v. Elena Kinder
24A-DN-1079
Domestic relations without children. Reverses Monroe Circuit Court Judge Emily Salzmann’s dissolution order for the marriage of Tim and Elena Kinder. Finds that while the trial court acted within its broad discretion by determining the division of some assets individually, it entered an internally inconsistent order and committed several mathematical errors in its division of the marital estate. Remands for recalculation of the division of the estate in a manner not inconsistent with this opinion. Attorney for appellant: Kendra Gjerdingen. Attorney for appellee: Glen Koch II.

7^th Circuit Court of Appeals
United States of America v. Brian Fenner and Dennis Birkley
23-2177 & 24-1089
Criminal. Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard Young. Affirms the district court’s sentencing of Brian Fenner and Dennis Birkley to 70 months and 60 months in prison, respectively, and the court’s order to pay $49,045.84 in restitution jointly and severally. Finds the district did not abuse its discretion in the evidentiary rulings it was asked to make. Also finds the district court did not make multiple errors at trial and rejects Fenner and Birkley’s cumulative error argument. Attorneys for appellants: Eric Nitz, Joshua Moudy, Walter Howes IV. Attorneys for appellee: Kathyrn Olivier, Brian Reitz.

Indiana Court of Appeals
Clorissa Williams v. James Williams
24A-DR-726
Domestic relations with children. Affirms Marion Superior Court Magistrate Beth Jansen’s order awarded James Williams primary physical custody of J.W. Finds that ith the exception of Finding 20, the findings that Clorissa Williams challenges are not clearly erroneous. Also finds because those findings and others support the dissolution court’s conclusion that the child relocating with the mother to Ohio was not in the child’s best interest, the dissolution court did not clearly err by granting the father primary physical custody of the child. Judge Stephen Scheele dissents with a separate opinion. Attorneys for appellant: Alexander Moseley, Adrian Deneen. Attorney for appellee: Angela Trapp.

Indiana Court of Appeals
Erie Insurance Exchange v. State Farm Mutual Automobile Insurance Company
24A-CT-2747
Civil tort. Reverses Howard Superior Court Judge Matthew Elkin’s order of partial summary judgment in favor of State Farm and, instead, order the trial court to issue an order granting Erie Insurance Exchange’s motion for partial summary judgment. Finds that when the Indiana Legislature enacted specific priority rules for bailees under Indiana Code § 27-8-9-11, courts must not attempt to parse competing “other insurance” clauses that are functionally identical but use different terminology. Also finds courts are bound to follow the statute when multiple policies offering the same type of coverage conflict. Remands for further proceedings. Attorneys for appellant: Jonathan Bucher, Kevin Lichtenberger. Attorneys for appellee: Mark Alderfer, Christopher Appel.

Indiana Court of Appeals
In re: the Visitation of J.R.H. (Minor Child), Michelle K. Deaton-Hedge and Scott P. Hedge (Maternal Grandparents and Adoptive Parents) v. Dale Hartlerode (Paternal Grandfather)
24A-MI-3083
Miscellaneous. Affirms Scott Superior Court Special Judge Bradley Jacobs’ order granting Dale Hartlerode grandparent visitation with J.R.H. Finds the maternal grandparents were equitably estopped from challenging the paternal grandfather’s petition for grandparent visitation. Attorney for appellants: Joseph Payne. Attorney for appellee: Larry Wilder.

Indiana Court of Appeals
Paul Oliver v. FLH Mill, LLC and Jeremy Ferree
24A-CT-938
Civil tort. Affirms the Greene Superior Court’s denial of Paul Oliver’s request to garnish Jeremy Ferree’s wages and accounts, but reverses Special Judge Robert Cline’s order to set aside the default judgment as to the criminal conversion count as well as the trial court’s order for Ferree to pay $100 per week toward the judgment amount. Remands with instructions for the trial court to reinstate the full judgment and to order Ferree to pay a reasonable periodic amount toward the judgment that is supported by the evidence and Indiana Code section 24-4.5-5- 105. Attorneys for appellant: Adam Doerr, Kevin Koons, Lucas Rowe. Attorney for appellees: Scott Racop.

Indiana Court of Appeals
Enoch J. Frank v. Monica S. Frank
24A-DN-2572
Domestic relations without children. Affirms Marion Superior Court Magistrate Tara Melton’s order that Enoch Frank pay Monica Frank $5,000 per month in provisional spousal maintenance and $25,000 in preliminary attorneys’ fees and litigation costs. Finds the trial court’s order requiring husband to pay provisional spousal maintenance and attorneys’ fees to wife was not against the logic and effects of the facts and circumstances. Also finds the trial court did not abuse its discretion. Attorneys for appellant: Bryan Ciyou, Anne Lowe. Attorney for appellee: Andrew Soshnick.

Indiana Supreme Court
South Bend Community School Corporation v. Connie Grabowski
24S-CT-395
Civil tort. Reverses the St. Joseph Circuit Court entry of judgment for Connie Grabowski and remands with instructions to enter judgment for the South Bend Community School Corporation. Finds there is no evidence that the employer discharged the employee solely to avoid workers’ compensation liability. Also finds that this case should not have gone to the jury. Justice Christopher Goff dissents with separate opinion in which Justice Derek Molter joins as to part I.C. Attorneys for appellant: John Maley, Peter Rusthoven, Michael Palmer, Benjamin Perry. Attorney for appellee: Patrick O’Leary.

7th Circuit Court of Appeals
Eric D. Holmes v. Marion County Sheriff’s Office
22-3032
Prisoner. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker. Affirms the district court’s dismissal of Eric Holmes lawsuit against the Marion County Sheriff’s Office, where Holmes alleged he had been unlawfully imprisoned in violation of the 14th Amendment. Finds the court dismissed the case for failure to state a claim in part because of judicial immunity clear from the face of the complaint. Attorneys for appellant: Easha Anand, Rosalind Dillon, Elena Meth, George Mills. Amicus curiae: Darren Craig, Anthony Overholt.

Indiana Court of Appeals
Darmon Y. Farral v. State of Indiana
24A-CR-2359
Criminal. Affirms Darmon Farral’s conviction in Marion Superior Court of a Class A misdemeanor resisting law enforcement charge. Finds sufficient evidence supports Farral’s conviction for resisting law enforcement, as he was ordered to stop before fleeing. Does not address Farral’s request for an advisory opinion as to the rejected sentencing agreement. Attorney for appellant: Steven Halbert. Attorneys for appellee: Attorney General Todd Rokita, Jesse Drum.