Court opinions

The following 7^th Circuit Court of Appeals opinion was posted after IL Deadline Wednesday:
Kevin Pack v. Middlebury Community Schools
20-1912
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon R. Leichty.
Civil. Affirms summary judgment for Middlebury Community Schools in fired teacher Kevin Pack’s lawsuit alleging the schools violated a confidentiality agreement entered into to settle his prior suit over his termination. Finds that even accepting the facts in the light most favorable to Pack, MCS in entitled to judgment as a matter of law.

The following 7^th Circuit Court of Appeals opinions were posted after IL deadline Tuesday:
Owner-Operator Independent Drivers Association, Inc., et al. v. Eric Holcomb, Governor of Indiana, et al.
20-1445
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Affirms the dismissal of a complaint brought by owner-operators of heavy trucks challenging the increase in tolls on the Indiana Toll Road, finding the toll increase was not discriminatory in violation of the Commerce Clause.

Indiana Court of Appeals
John A. Huntzinger v. Champion Lake Ski Club, Inc., and Bryan Burney
20A-PL-1653
Civil plenary. Affirms the grant of summary judgment in favor of Champion Lake Ski Club Inc. and Bryan Burney on John Huntzinger’s claim for breach of settlement and intentional interference with contractual relationship. Finds the Hancock Superior Court did not err.

The following 7^th Circuit Court of Appeals opinions were posted after IL deadline Friday:
P.W., a minor, by Dominque Woodson, his mother and guardian, et al. v. United States of America
20-1142
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge Theresa L. Springmann.
Civil. Affirms the district court’s grant of summary judgment to the United States on the Federal Tort Claims Act action brought by Dominque Woodson on behalf of her son, P.W. Finds the plaintiffs’ claims were untimely, and they do not satisfy the second element of the savings provision of the Westfall Act. Also finds the plaintiffs’ claims do not qualify for equitable estoppel or equitable tolling. Judge David Hamilton dissents with separate opinion.

Indiana Court of Appeals
Christopher M. Hubbert v. State of Indiana
20A-CR-1617
Criminal. Reverses Christopher M. Hubbert’s 18-year executed sentence for his conviction of Level 2 felony dealing in methamphetamine. Finds Hubbert’s sentence is inappropriate in light of the nature of the offense and his character. Remands to the Bartholomew Superior Court to impose a sentence of 18 years, with four years executed in the Indiana Department of Correction and the remaining years served on probation with substance abuse counseling and placement in community corrections.

Indiana Court of Appeals
Benjamen P. Chastain v. State of Indiana
20A-CR-1553
Criminal. Affirms Benjamen Chastain’s sentence to the maximum 23 years, all executed in the Department of Correction, for his conviction of Class B felony child molesting. Finds the Orange Circuit Court did not abuse its discretion in sentencing Chastain, and his sentence is not inappropriate in light of the nature of the offense and Chastain’s character.

The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
In the Matter of the Adoption of I.B. (Minor Child): J.P. v. V.B.
21S-AD-90
Adoption. Affirms the Hamilton Superior Court’s ruling that biological mother J.P.’s consent was not required for the adoption of her child I.B. because, for a period of one year, she failed to communicate significantly with her child and failed to support her child when able and required to do so. Finds the trial court’s determinations were supported by sufficient evidence.