Articles

Opinions Sept. 2, 2020

The Estate of Sandra King by Special Administrator Marie Briggs v. Aperion Care d/b/a Aperion Care Tolleston Park and Steve Robertson, Insurance Commissioner for the Indiana Department of Insurance
19A-MI-3037
Miscellaneous. Reverses the Lake Superior Court’s denial of the estate of Sandra King’s motion to compel arbitration. Finds the trial court erred in its denial and remands with instructions for the trial court to enter an order granting the estate’s motion to compel.

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Opinions Aug. 31, 2020

Indiana Court of Appeals
Franciscan ACO, Inc., Franciscan Alliance, Inc., and Charlotte Sweezer v. Vaughn Newman, as personal represenatative of the Estate of Virginia Newman
19A-CT-2465
Civil tort. Reverses the denial of Charlotte Sweezer, Franciscan ACO Inc. and Franciscan Alliance Inc.’s motion for partial summary judgment on a wrongful death claim brought by Vaughn Newman as personal representative of the Estate of Virginia Newman. Finds no genuine issue of material fact exists, so the Lake Superior Court erred in denying the motion for partial summary judgment. Remands for proceedings.

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Opinions Aug. 28, 2020

Indiana Court of Appeals
Jerry Wayne Smith v. State of Indiana
20A-CR-672
Criminal. Reverses Jerry Wayne Smith’s sentence for his conviction of Class A misdemeanor resisting law enforcement. Finds the 365-day sentence, with 185 days suspended to probation and 180 days served consecutive to the 277 days for a probation violation, is inappropriate. Remands to the Vermillion Circuit Court to impose a sentence of 365 days, with 20 days to serve and 345 days suspended to probation.

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Opinions Aug. 27, 2020

Sarah Johnson v. Northeast School Corporation
19-2870
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James Sweeney, II.
Civil. Affirms the Southern District Court’s entry of summary judgment to North Central High School (Farmersburg) and Northeast School Corporation on Sarah Johnson’s claims that both entities inadequately responded to her alleged of sexual harassment, therefore violating Title IX, 20 U.S.C. § 1681(a). Finds Johnson has waived any arguments regarding the district court’s evidentiary rulings and that NESC was not deliberately indifferent to Johnson’s claims of sexual harassment.

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Opinions Aug. 25, 2020

Indiana Supreme Court
Benjamin S. Smith v. Franklin Township Community School Corporation
20S-CT-98
Civil tort. Affirms the denial of Benjamin Smith’s motion for reinstatement of his lawsuit against Franklin Township Community School Corporation. Finds Smith cannot use a Trial Rule 41(F) filing to collaterally attack the merits of the dismissal order. Also finds Smith failed to preserve a substantive challenge to the dismissal decision, so the Marion Superior Court acted within its discretion when it denied his motion for reinstatement.

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Divided appeals panel upholds termination of dad’s parental rights

A father who disregarded court-mandated drug screens, left his child with a relative and refused to participate in services lost his termination of parental rights appeal Tuesday. One judge, however, would have reversed based on the facts of a case that began with the child’s removal due to mother’s drug use and what the dissenting judge saw as “an effort to punish Father.”

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