Is the parent of a juvenile defendant waived to adult court “essential” to the presentation of that juvenile’s defense? The majority of a split Indiana Court of Appeals panel concluded the answer to that question was yes, despite a dissenting judge’s opinion.
A court that awarded custody of an 8-year-old child to the father after a modification proceeding had no evidence that doing so was in the child’s best interests, the Indiana Court of Appeals ruled Wednesday, reversing the custody determination.
Three former case managers for a home health care service provider won a reversal from the Indiana Court of Appeals after it concluded that reports they made to the Health Department against their employer are protected by absolute privilege because they initiated a quasi-judicial proceeding.
For the first time in Indiana history, the elected attorney general has been suspended. But what the discipline means for Attorney General Curtis Hill remains to be seen.
It’s been seven years since Marion man Tyson Timbs lost his Land Rover to a law enforcement seizure, but the ensuing forfeiture litigation that has already made its way to the nation’s highest court is now heading into its second round of appeals.
Read Indiana appellate decisions from the most recent reporting period.
The following Indiana Supreme Court opinion was posted after IL deadline on Monday.
FMS Nephrology Partners North Central Indiana Dialysis Centers, LLC v. Meritain Health, Inc., et al.
20S-PL-302
Reverses grant of summary judgment in favor of Meritain Health, University of Notre Dame and Beacon Health. Finds the St. Joseph Superior Court erred in concluding FMS’s claims were preempted under the conflict-preemption provision of the Employment Retirement Income Security Act of 1974. Determines FMS’s state-law claims survive the two-pronged compete preemption test developed in Aetna Health, Inc. v. Davila, 542 U.S. 200, 210, (2004). Rules the precedent set in Midwest Security Life Insurance Co. v. Stroup, 730 N.E. 2d 163 (Ind. 2000) was misconstrued and that FMS’s claim does not involve ERISA but rather is about a provider’s rate of payment under a separate contract with a health insurance plan. Remands for further proceedings.
A dialysis provider will have another chance to claim the money it believes it is owed after the Indiana Supreme Court pointed to its own precedent and found the trial court erred by entering summary judgment for the defendants.
Statewide political leaders, including Republican leaders, are withdrawing support of embattled Indiana Attorney General Curtis Hill, who next week begins a 30-day suspension for two ethics violations. But Hill so far has not indicated plans to step down from his role or leave the 2020 campaign trail once the suspension is over, even though his competition may be growing.
The involuntary manslaughter conviction of a Fishers couple after a retrial over the death of a toddler at their home daycare facility has been upheld by a divided panel of the Indiana Court of Appeals.
A man fighting to get his name on the 2020 Starke County Republican primary ballot just weeks before the election had his case dismissed by an Indiana Court of Appeals panel on Tuesday.
Indiana Supreme Court
In the Matter of Curtis T. Hill, Jr.
19S-DI-156
Discipline. Suspends Indiana Attorney General Curtis Hill for 30 days with automatic reinstatement for his violation of Professional Conduct Rules 8.4(b) and 8.4(d). Orders Hill shall not undertake any new legal matters between service of the Indiana Supreme Court’s opinion and the effective date of the suspension, May 18, and he shall fulfill all the duties of a suspended attorney under Admission and Discipline Rule 23(26). Finds in favor of Hill on the Oath of Attorneys charge. The costs of the proceeding are assessed against him.
Indiana Supreme Court justices will start hearing oral arguments through videoconferencing later this week. Their first case deals with a medical malpractice dispute involving an unwilling prospective juror who was thought to be evading jury duty.
7th Circuit Court of Appeals
USA v. Shon L. Gibson
19-1402
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Theresa Springmann.
Criminal. Affirms the indictment against Shon Gibson for charges of possessing with intent to distribute methamphetamine and being a felon in possession of a firearm. Finds the evidence seized from his home pursuant to a search warrant was not obtained as a result of Fourth Amendment violations.
The Indiana Court of Appeals has affirmed an award of millions to a centrifuge company after two of its former employees took thousands of protected files in the creation of their own startup competitor company.
An indicted man whose wife tipped law enforcement about drugs in their home did not convince the 7th Circuit Court of Appeals that evidence revealed from a search warrant based on her insight violated the Fourth Amendment.
7th Circuit Court of Appeals
Acheron Medical Supply, LLC v. Cook Medical Incorporated
19-2315, 19-2410
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William Lawrence.
Civil. Affirms the Southern District Court’s conclusion that while Acheron Medical Supply, LLC breached a distribution agreement and that Cook Medical Incorporated did not, the plaintiff was not liable for its breach. Finds the district court correctly held Cook had no obligation to submit to the VA audit or deactivate its DAPA. Finds the district court correctly held that Acheron breached the agreement by not obtaining the FSS but was not liable for that breach due to the force majeure provision.
The following Indiana Supreme Court opinion was posted after IL deadline on Tuesday:
In the Matter of R.L. (Minor Child); J.R. (Mother) v. Indiana Department of Child Services and Child Advocates, Inc.
20S-JC-296
Juvenile CHINS. Reverses the Marion Superior Court finding that R.L. is a child in need of services and dismisses the CHINS petition with prejudice. Finds that under Matter of Eq.W., 124 N.E.3d 1201 (Ind. 2019), the Department of Child Services was barred from filing a successive CHINS petition after the first petition was dismissed with prejudice.
A man convicted of robbery did not convince the Indiana Court of Appeals that that he wasn’t tried within the time period allowed by the Interstate Agreement on Detainers. Instead, the delays were his fault, the appellate court found.
Precedent gave Indianapolis Power and Light a reversal in lawsuit brought by a man who was electrocuted by the utility’s uninsulated power lines.