Indiana Court Decisions: March 12-25, 2020
Read Indiana appellate court decisions from the most recent reporting period.
Court opinions
Articles
Opinions March 31, 2020
Indiana Court of Appeals
G&G Oil Co. of Indiana v. Continental Western Insurance Company
19A-PL-01498
Civil plenary. Affirms the award of summary judgment to Continental Western Insurance Company against G&G Oil Co. of Indiana. Finds the commercial insurance policy did not include coverage for losses suffered as a result of a ransomware attack. Finds the ransomware was not covered under the policy’s computer fraud provision.
Restitution, sentence affirmed for woman who stole co-workers’ purse
A woman who stole hundreds of dollars from her co-worker’s purse did not convince the Indiana Court of Appeals that there was an error in ordering her to pay restitution of the full amount stolen or that the sentence of more than two years was inappropriate.
COA rules for insurer that declined to cover ransom paid to hacker
A Hoosier oil company that suffered monetary losses after a ransomware attack on its computer system did not convince the Indiana Court of Appeals that its insurance policy included coverage for such attacks.
Split COA affirms attempted obstruction of justice conviction in neighbor dispute
A majority of an Indiana Court of Appeals panel has affirmed a woman’s attempted obstruction of justice conviction after she confronted a neighbor who was subpoenaed to give deposition in a criminal case involving her.
Recovery case against former bookkeeper to continue in part
A case seeking to recover public funds from a former Jennings County bookkeeper will continue after the Indiana Supreme Court determined two of the three claims brought by the state were not governed by the discovery rule and, thus, were timely filed. The third claim, however, was governed by the discovery rule.
Reversal: Landlord didn’t have enough info to consider emotional support cat
A woman evicted from her apartment because of her emotional support cat faced a reversal in favor of her landlord Monday after the Indiana Court of Appeals determined the woman did not provide enough information to allow the landlord to review her request for the animal.
COA affirms firearm felony in Indy500 case
A man attending the Indianapolis 500 who was carrying a firearm without a permit did not convince the Indiana Court of Appeals that his constitutional rights were violated by a frisk.
Opinions March 27, 2020
The following 7th Circuit Court of Appeals was posted after IL deadline on Thursday.
Rexing Quality Eggs v. Rembrandt Enterprises, Inc.
19-2146
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms the Southern District Court’s decision, finding that the proceedings at hand were logically part of Rexing I and that the attempt to rehash them in Rexing II was an impermissible effort at claim splitting.
7th Circuit sides with supplier in second egg dispute
The 7th Circuit Court of Appeals has ruled for an Iowa-based egg supplier in a second action brought against it by an Evansville-based buyer after finding that Indiana’s claim-splitting ban applied to the buyer’s new action.
Deadly weapon enhancement affirmed in man’s intimidation conviction
A man convicted of intimidation after threatening his estranged wife with an AR-15 rifle did not convince the Indiana Court of Appeals that his charge was wrongly enhanced from a misdemeanor to a felony.
Opinions March 26, 2020
The following 7th Circuit Court of Appeals opinions were posted after IL deadline Wednesday.
Carl Castetter v. Dolgencorp, LLC
19-2026
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Theresa L. Springmann.
Civil. Affirms the district court’s summary judgment ruling in favor of Carl Castetter’s employer, Dolgencorp, on his claim of disability discrimination. Finds Castetter’s claims are insufficient to meet the level of proof that his disability following cancer treatment was the “but for” cause of his termination.
Dismissal of fired Dollar General manager’s ADA claim upheld
A Dollar General district manager who was fired after he returned from medical leave for cancer treatment could not prevail on his claim that his termination violated his rights under the Americans with Disabilities Act, the 7th Circuit Court of Appeals affirmed Wednesday.
Reversal: Columbus entitled to summary judgment on personal injury claim
The city of Columbus has succeeded in its efforts to win summary judgment on a woman’s personal injury claim, with the Indiana Court of Appeals reversing in the city’s favor and holding that the woman did not meet the notice requirements under the Indiana Tort Claims Act.
COA affirms for insurer in UIM coverage case
A woman who was injured in a car crash and racked up a hefty medical bill did not convince the Indiana Court of Appeals that it should reverse a trial court’s judgment in favor of her insurance company.
Woman wins repossession appeal against towing company
The 7th Circuit Court of Appeals on Wednesday reversed in favor of an Indianapolis woman who was restrained by law enforcement while her car was being repossessed.
Opinions March 25, 2020
Indiana Court of Appeals
Guadalupe Pava v. State of Indiana
19A-CR-716
Affirms Guadalupe Pava’s conviction in Marion Superior Court of battery by a person at least 18 years of age resulting in bodily injury to a person less than 14 years of age as a Level 5 felony. Finds the objective reasonableness standard adopted in Willis v. State,888 N.E.2d 177 (Ind. 2008), would provide sufficient notice of what conduct crosses the line from mere discipline of a child to battery. Also finds Pava has failed to carry her burden of demonstrating that the battery statute is unconstitutionally vague as applied to her specific act of repeatedly striking P.P. with an electrical cord. Finally, finds the state submitted ample evidence to demonstrate beyond a reasonable doubt that Pava used an unreasonable amount of force, thus disproving her defense of parental privilege.
Felony reversed for man who possessed hash oil
The Indiana Court of Appeals reversed a man’s felony conviction for possession of a controlled substance after finding that his vaping cartridge containing hash oil did not violate state law under which he was charged.
COA: Striking child with cord not protected parental discipline
An Indianapolis mother convicted of felony battery after striking her son with an electrical cord failed to convince the Indiana Court of Appeals that the charges against her could be defeated by the concept of parental privilege.
Utility owes no duty to property owner in fire sprinkler flood dispute
A utility company is not responsible for extensive flooding damage to a property management company building after its fire sprinkler pipes burst after winter, the Indiana Court of Appeals ruled Wednesday.