A judge has dismissed a former Marion County magistrate judge’s lawsuit against court officials for alleged employment discrimination, ruling neither federal law that former Magistrate Judge Kimberly Mattingly cited permitted her to bring such claims.
In the continued aftereffects of the U.S. Supreme Court’s decision overturning Roe v. Wade, a federal court has entered judgment for the state of Indiana in a lawsuit challenging the state’s ban on a common second-trimester abortion proceeding.
Court of Appeals of Indiana
Adam Tempest v. Fifth Third Bank, National Association (mem. dec.)
22A-PL-2222
Civil plenary. Dismisses Adam Tempest’s appeal of the Decatur Superior Court’s order dismissing his complaint against Fifth Third Bank. Finds multiple violations of the Indiana Appellate Rules and a lack of a cogent argument.
Court of Appeals of Indiana
Indiana Board of Pharmacy, Donna S. Wall, Steven Anderson, Del Fanning, Winnie Landis, Mark Smosma, and Matt Balla v. Paul J. Elmer
22A-PL-1811
Civil plenary. Reverses the Marion Superior Court’s entry of judgment against the appellants and the award of attorney fees to Paul Elmer. Finds the Indiana Board of Pharmacy and its members were acting in a quasi-judicial capacity and in good faith based on the known interpretation of Indiana Code § 34-52-1-1. Remands with instructions to enter judgment in favor of the appellants and to vacate the award of attorney fees to Elmer.
A pharmacist convicted of producing and distributing adulterated drugs was not entitled to attorney fees in his case against the Indiana Board of Pharmacy, which was entitled to immunity, the Court of Appeals of Indiana has ruled.
A federal judge in Texas who previously ruled to dismantle the Affordable Care Act struck down a narrower but key part of the nation’s health law Thursday in a decision that opponents say could jeopardize preventive screenings for millions of Americans.
An adoption and custody case has made its way to the Court of Appeals of Indiana for the second time, this time with the court agreeing that even though the father has shown growth in his parenting ability, the stepfather can have custody of two children.
A woman ordered to a temporary mental health commitment has failed to convince the Court of Appeals of Indiana that a trial court wrongly determined she was gravely disabled.
Court of Appeals of Indiana
In the Matter of the Civil Commitment of: A.O. v. Community Health Network, Inc.
22A-MH-2396
Mental health. Affirms the Marion Superior Court’s determination that A.O. was “gravely disabled.” Finds there was clear and convincing evidence supporting the order.
Read the latest Indiana appellate court opinions from the most recent reporting period.
A habitual offender enhancement that was filed 21 days before a trial that was eventually rescheduled was not untimely, the Court of Appeals of Indiana has ruled.
Court of Appeals of Indiana
Michael T. Owens v. State of Indiana
21A-CR-1900
Criminal. Affirms the Marion Superior Court’s denial of Michael Owens’ motion to dismiss the habitual offender enhancement to his sentence. Finds Owens’ claim rests on a faulty reading of Indiana Code § 35-34-1-5(e). Sua sponte remands to correct sentencing error.
A Court of Appeals of Indiana opinion in a case involving the breach of a lease split three ways Monday, with the appellate court affirming in part, reversing and remanding the case back to a lower court.
A lower court will need to address constitutional concerns and look at how evidence was obtained in a case involving sexual exploitation of children, the 7th Circuit Court of Appeals ruled Friday, remanding the case for an evidentiary hearing.
Court of Appeals of Indiana
American Senior Communities v. Indiana Family & Social Services Administration
22A-PL-2556
Civil plenary. Affirms the reclassification of the nursing scheduler coordinator position from the direct care component to the administrative component. Finds the reclassification was not arbitrary and capricious.
The Indiana Supreme Court affirmed a trial court’s order amending a damages award but determined the lower court lacked jurisdiction to issue two other orders because each interfered with the subject matter of a pending appeal.
Court of Appeals of Indiana
Indianapolis Museum of Art, D/B/A Newfields v. Kathleen Hurley, et al
22A-TR-767
Trust. Affirms the Marion Superior Court’s denial of Newfields’ motion for partial summary judgment and grant of the children’s motion for summary judgment. Finds the trial court did not err in establishing a resulting trust.
Court of Appeals of Indiana
Shalee C. Dowell v. State of Indiana
19A-CR-2623
Criminal. Affirms Shalee Dowell’s conviction in the Perry Circuit Court of Level 2 felony dealing in methamphetamine. Finds the state waived any challenge to the appellate court’s decision to reassume jurisdiction of Dowell’s direct appeal. Also finds the state’s evidence was sufficient.
Although the Court of Appeals of Indiana allowed a woman to reopen her previously rejected direct appeal based on a missing transcript, the court still upheld the woman’s felony drug dealing conviction.
Court of Appeals of Indiana
Jennifer Pennington and Joshua Pennington v. Memorial Hospital of South Bend, Inc. d/b/a Beacon Health and Fitness, Spear Corporation, and Panzica Building Corporation
22A-CT-1573
Civil tort. Affirms St. Joseph Superior Court’s grant of summary judgment to Spear Corporation and Panzica Building Corporation and a partial summary judgment to Beacon Health Building Corporation. Finds the trial court did not abuse its discretion by striking a portion of the deposition testimony of the Penningtons’ designated expert witness nor did it abuse its discretion in its evidentiary rulings.