Court opinions

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.

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.

Indiana Court of Appeals
Blake B. Hartman v. BigInch Fabricators & Construction Holding Company, Inc.
19A-PL-2263
Civil plenary. Reverses the Parke Circuit Court’s summary judgment in favor of BigInch Fabricators & Construction Holding Company. Finds that as a matter of law, the value of shares under the buyback provision in the Shareholder Agreement, which required the appraised market valuation, cannot be discounted for lack of marketability and control when BigInch is required to purchase the shares. Judge Elizabeth Tavitas concurs in part and dissents in part with separate opinion.

Indiana Court of Appeals
Jason Dean Hubbell v. State of Indiana (mem. dec.)
19A-PC-2058
Post conviction. Affirms the denial of Jason Hubbell’s petition for post conviction relief. Finds Hubbell has not met his burden of showing the evidence leads unerringly and unmistakably to a conclusion opposite that reached by the Bartholomew Circuit Court.