Property management company wins reversal in bid for interest on attorney fees
A small claims court erred in excluding attorney fees from an award of post-judgment interest, the Court of Appeals of Indiana has ruled.
Court opinions
Articles
Jasper Co. farms entitled to damages, but amount must be recalculated, COA rules
A trial court ruled correctly that three Jasper County farms could recover damages from a seed company under promissory estoppel, but the court improperly calculated those damages, the Court of Appeals of Indiana ruled Wednesday.
7th Circuit affirms verdict, summary judgment in excessive force suit against deputies
A man who was hit and tased by law enforcement after his mother requested a wellness check failed to convince the 7th Circuit Court of Appeals that the sheriff’s deputies entered the home unlawfully and used excessive force.
Opinions July 11, 2023
Court of Appeals of Indiana
Brandi S. Bare v. State of Indiana (mem. dec.)
22A-CR-2879
Criminal. Affirms Brandi Bare’s convictions of operating a vehicle while intoxicated causing death and reckless homicide, and her 57-year aggregate sentence. Finds Bare waived her ability to directly appeal her convictions following a guilty plea. Also finds Bare has not met her burden to establish that her sentence is inappropriate.
7th Circuit affirms convictions, sentencing for Indianapolis meth traffickers
A trio of men linked to an Indianapolis drug trafficking ring failed to sway the 7th Circuit Court of Appeals, as the appellate court affirmed Monday a lower court’s convictions and sentencing on methamphetamine distribution-related charges.
Room for individual, narrower legal action on abortion ban, legal experts say
A split ruling from the Indiana Supreme Court late last month has left the door open to both individual future challenges and further restrictions to the state’s near-total abortion ban.
‘He said, she said’ case accusing doctor of sexual misconduct doesn’t fall under Medical Malpractice Act, COA affirms
A woman’s allegations that her doctor committed sexual misconduct against her did not fall under the Medical Malpractice Act, the Court of Appeals of Indiana affirmed in allowing the case to proceed without going before a medical review panel.
Opinions July 10, 2023
Court of Appeals of Indiana
Jatinder K. Kansal, M.D., P.C. v. Taylor Krieter
22A-CT-2646
Civil tort. Affirms the Lake Superior Court’s denial of Dr. Jatinder Kansal’s motion to dismiss Taylor Krieter’s complaint alleging battery and intentional infliction of emotional distress. Finds that assuming sexual misconduct occurred as Krieter alleged, it was wholly unrelated to the provision of medical care, so she is not claiming medical malpractice, the Medical Malpractice Act doesn’t apply and the trial court has subject-matter jurisdiction.
7th Circuit splits in upholding denial of habeas relief after revocation of 5,700 days of good time credit
A split 7th Circuit Court of Appeals affirmed the denial of a prisoner’s habeas petition after 5,700 days of accrued good time credit were revoked and his prison release date was extended by more than 15 years following his assault of a correctional officer.
Stymied by the Supreme Court, Biden wants voters to have the final say on his agenda
After major blows to his agenda by the Supreme Court, President Joe Biden is intent on making sure voters will have the final say.
Opinions July 7, 2023
Court of Appeals of Indiana
John Simpson and Monroe LLC v. Brown County Board of Commissioners; Chuck Braden, in his official capacity; Diana Biddle, in her official capacity; and Jerry Pittman, in his official capacity
22A-PL-3102
Civil plenary. Affirms the Bartholomew Circuit Court’s dismissal of John Simpson and Monroe LLC’s complaint against the Brown County Board of Commissioners and its members. Finds that Simpson’s claim sounding in tort is barred as a matter of law. Also finds the trial court did not err when it dismissed Simpson’s complaint pursuant to Indiana Trial Rule 12(B)(6).
7th Circuit affirms summary judgment for barge company on workers’ comp claim
A man injured while performing contract work for a barge company failed to convince the 7th Circuit Court of Appeals to overturn summary judgment for the company.
COA affirms dismissal of ‘ill will’ complaint filed after rejection of construction bid
A trial court ruled correctly when it granted the Brown County Board of Commissioners’ motion to dismiss a contractor’s complaint in a case centered around bidding for a hiking trail, the Court of Appeals of Indiana affirmed Friday.
Red Lobster ‘misses the boat’ on negligence appeal, COA affirms
Seafood restaurant group Red Lobster LLC could not net a reversal from the Court of Appeals of Indiana on a ruling denying its motion for summary judgment in a negligence case.
7th Circuit reverses summary judgment for rail company in worker injury case
A reasonable jury could conclude a railroad company knew or should have known about a defective switch that led to a worker’s injury, the 7th Circuit Court of Appeals ruled in reversing a lower court’s grant of summary judgment.
7th Circuit allows student’s civil rights claims against Hammond officer following ride-along
A student who claimed her constitutional rights were violated when she was allegedly sexually assaulted and harassed on a police ride-along can bring a claim against a Hammond police officer, but not the city’s chief of police.
Opinions July 6, 2023
Court of Appeals of Indiana
Red Lobster Restaurants LLC, and Progressive Flooring Services, Inc., and Dwayne Featheroff v. Abigail Fricke
22A-CT-2221
Civil tort. Affirms the Marion Superior Court’s denial of Red Lobster Restaurants LLC’s motion for summary judgment in a personal injury action filed against it by Abigail Fricke. Finds the trial court did not abuse its discretion when it denied Red Lobster’s motion to strike Fricke’s affidavit. Also finds the trial court did not err when it denied Red Lobster’s motion for summary judgment because Fricke had standing to bring suit in her own name, and a genuine issue of material fact exists regarding whether Fricke intentionally concealed her personal injury lawsuit from the bankruptcy court.
Opinions July 5, 2023
Court of Appeals of Indiana
In the Matter of the Adoption of G.J., Minor Child, D.A. v. D.J. (mem. dec.)
22A-AD-2828
Adoption. Affirms LaGrange Circuit Court’s ruling that that the consent of D.J., father of G.J., was required for the adoption of the child by D.A., the child’s stepfather. Finds D.A. has not overcome the presumption that a trial court’s ruling in an adoption case is correct. Also, finds evidence in the record supporting the trial court’s conclusion.
‘I believe in miracles’: Talevski family cheers SCOTUS decision, but questions still linger
Susie Talevski’s father was the catalyst behind the decision in Health and Hospital Corporation of Marion County, et al. v. Talevski, which held that the Federal Nursing Home Reform Act creates individually enforceable rights.
Indiana Court Decisions: June 15-27, 2023
Read Indiana appellate court decisions from the most recent reporting period.