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.
Court opinions
Articles
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.
Victims’ testimony admissible in child molesting case, COA rules
The Indiana Court of Appeals on Wednesday was not convinced by a man’s argument that his decades-long sentence for child molesting was inappropriate or that victim testimony was inadmissible.
Opinions March 24, 2020
Indiana Court of Appeals
In the Matter of the Revocable Trust Agreement Created by the Settlor, Anil Kumar Sarkar, Dipa Sarkar v. Anuradha (“Mili”) Sarkar Naugle
19A-TR-1814
Trust. Affirms the Vigo Superior Court’s findings of facts and conclusions in favor of Anuradha Sarkar Naugle, concluding that the revocable trust was not created in contemplation of death and for the purpose of defeating Dipa Sarkar’s spousal elective share. Finds Dipa cannot satisfy her statutory election to take against the will from the assets in her deceased husband’s inter vivos trust.
Denial of widow’s claim against revocable trust affirmed
A widow who contested whether she could satisfy her election to take against the will of her deceased husband when he transferred the majority of his assets into a revocable trust lost her appeal to the Indiana Court of Appeals on Tuesday.
Justices toss decision in media mogul’s discrimination case
The Supreme Court of the United States on Monday threw out a lower court ruling in favor of a black media mogul and comedian who’s suing cable giant Comcast alleging racial discrimination.
US Supreme Court rules states can bar insanity defense
The Supreme Court of the United States ruled Monday that states can prevent criminal defendants from pleading insanity without violating their constitutional rights. The decision could prompt states across the country to toughen standards for defendants who wish to plead not guilty by reason of insanity.
Opinions March 23, 2020
The following 7th Circuit Court of Appeals opinions were posted after IL deadline Friday:
Molly Joll v. Valparaiso Community Schools
18-3630
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge John E. Martin.
Civil. Reverses the grant of summary judgment to Valparaiso Community Schools on Molly Joll’s sex discrimination claim but affirms the grant of summary judgment on Joll’s age discrimination claim. Finds Joll offered evidence that would allow a reasonable jury to find that the school district used hiring procedures tilted in favor of male applicants, applied sex-role stereotypes during the interview process and manipulated the criteria for hiring in ways that were inconsistent except that they always favored male applicants. Remands for trial on the sex discrimination claim. Judge Kenneth Ripple dissents with separate opinion.
7th Circuit affirms convictions in Walmart robberies
Two men who robbed and stole hundreds of thousands of dollars from Indiana Walmart stores could not convince the 7th Circuit Court of Appeals on Friday that there was insufficient evidence to support their convictions.