The Trump administration does not have to issue an emergency rule requiring employers to protect workers from the coronavirus, a federal appeals court ruled Thursday in a case brought by leading labor unions.
Indiana Court of Appeals
Christal Trowbridge v. In re the Estate of Everett Thomas Trowbridge, Michael T. Trowbridge
19A-ES-3022
Estate. Reverses the Clark Circuit Court’s refusal to probate the will of Christal Trowbridge’s ex-husband, Everett Thomas Trowbridge. While affirming the probate court’s conclusion that Everett’s estate is entitled to the presumption that Trowbridge destroyed his will with the intent to revoke it, agrees with Christal that the court did not engage in the proper analysis to determine whether she rebutted that presumption. Remands on that issue with instructions for the court to issue a new order applying the correct analysis.
Judgment has been reversed for an Indiana concrete leveling company after the Indiana Court of Appeals found an Ohio judgment of more than $155,000 entered against the company is void due to lack of personal jurisdiction.
An Indiana Court of Appeals panel has again reversed for a woman who claimed her ex-husband did not die intestate, holding that a probate court did not engage in the proper analysis to determine whether she rebutted whether the man destroyed his will with the intent to revoke it.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
7th Circuit Court of Appeals
Erin Johnson v. Enhanced Recovery Company, LLC
19-1210 & 19-1334
Appeals from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip P. Simon.
Civil. Affirms the district court’s entry of summary judgment for Enhanced Recovery on Erin Johnson’s class-action complaint seeking damages under the Fair Debt Collection Practices Act. Finds Johnson failed to present any evidence other than her own opinions that a letter sent by ERC was misleading. Affirms on cross-appeal the district court’s denial of ERC’s prior motion to dismiss, finding denial was proper because the court found Johnson had presented a plausible claim.
Hundreds of families who were unknowingly exposed for years to high levels of lead in Northern Indiana have secured a victory against state and local entities after the Indiana Court of Appeals affirmed the denial of the latter’s motion for judgment on the pleadings.
A man rendered a quadriplegic after a serious car wreck was unable to convince the Indiana Court of Appeals on Wednesday that his amended complaint was wrongly dismissed. The decision leaves in limbo collection of a $21 million jury award in favor of the injured man.
Read Indiana appellate court decisions from the most recent reporting period.
The case against Purdue University brought by a male student who was expelled and lost his Navy ROTC scholarship after the school determined he had sexually assaulted a female student has survived a second motion to dismiss.
The Indiana Supreme Court will hear three oral arguments via videoconference this Thursday, considering topics including sentencing, a tax sale and a delinquent’s possession of a firearm.
Indiana Court of Appeals
In the Matter of G.B., K.W., and D.C. (Minor Children), Children Alleged to be in Need of Services; N.C. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JC-2435
Juvenile CHINS. Affirms the adjudication of mother N.C.’s three minor children, G.B., K.W. and D.C., as children in need of services. Finds the Department of Child Services presented sufficient evidence to support the juvenile court’s determination that the children are CHINS.
The 7th Circuit Court of Appeals has affirmed judgment for a man who claimed he was wrongly accused of owing money to a debt collector but declined to award him the more than $25,000 he had requested.
A jurisdictional barrier has led the Indiana Tax Court to dismiss a case brought by a religious nonprofit.
Indiana Court of Appeals
Jesus Pedraza, Jr. v. State of Indiana
19A-CR-850
Criminal. Grants rehearing for the limited purpose of making a point of clarification regarding the circumstances of Jesus Pedraza’s Miranda waiver. Affirms the memorandum decision in all other respects.
The Indiana Court of Appeals has affirmed the grant of summary judgment to a couple in an easement dispute with their neighbors, finding the doctrine of res judicata did not help the latter.
An appellate panel has reversed the denial of a cell site developer’s petition for writ of certiorari, only to find its failure to timely file a record or request an extension of time required dismissal of the petition.
A man convicted for two counts of murder had his petition for rehearing granted Friday, but solely for an appellate panel to clarify its factual recitation of his Miranda waiver.
Indiana Court of Appeals
In Re the Paternity of J.G.; Wendy Sonora Hernandez and Margarito Guzman v. Fredy Sanchez Cortes and State of Indiana
19A-JP-2429
Juvenile paternity. Affirms the denial in Elkhart Superior Court of Wendy Sonora Hernandez’s motion for summary judgment on the state’s action seeking to establish paternity of her child by Fredy Sanchez Cortez. Finds the trial court did not err in its denial, and that mother and husband, Margarito Guzman, have failed to meet their burden on appeal to demonstrate that the court abused its discretion when it dismissed husband as a party to the action. Also finds that mother has failed to demonstrate that she was prejudiced by the trial court’s failure to provide her with explicit notice of its intent to treat her motion to dismiss as a motion for summary judgment. Lastly, holds that the state timely filed its paternity petition and that putative father was not required to register with the putative father registry before the state could file its petition.
The Indiana Court of Appeals on Thursday affirmed the grant of a mother’s request for a garnishment order to enforce an earlier order requiring her ex-husband to pay part of their daughter’s college tuition fees.
A mother contesting a paternity petition concerning her child could not convince the Indiana Court of Appeals on Thursday that her motion for summary judgment was wrongly denied.