Court of Appeals of Indiana
Gregory Wireman v. LaPorte Hospital Co., LLC
22A-CT-2639
Civil tort. Affirms summary judgment in favor of the LaPorte Hospital. Finds the LaPorte Circuit Court did not err by concluding that the doctrine of res ipsa loquitur does not apply to Gregory Wireman’s claims.
Indiana Supreme Court justices have agreed to consider a case involving a student who filed a class action lawsuit against Ball State University for COVID-related closures.
Monroe County’s variance procedure operated as a prior restraint of speech, but it didn’t amount to a First Amendment violation, the 7th Circuit Court of Appeals has ruled in reversing a district court’s finding and vacating a permanent injunction.
7th Circuit Court of Appeals
Kristie A. Alley v. Penguin Random House
21-3158
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard Young.
Civil. Affirms the grant of summary judgment to Penguin Random House on Kristie Alley’s retaliation claim, and the earlier dismissal of her breach of contract claim. Finds a reasonable juror could not find that Alley’s demotion was due to her engagement in a protected activity. Also finds Penguin’s employee Code of Conduct did not convert Alley’s at will employment into a contractual relationship. Judge Candace Jackson-Akiwumi dissents with separate opinion.
Duke Energy will be able to proceed with a nearly $2 billion economic development plan after the Court of Appeals of Indiana ruled a regulatory commission’s approval met the requirements of state law.
Court of Appeals of Indiana
Indiana Office of Utility Consumer Counselor, Duke Industrial Group, and Citizens Action Coalition of Indiana, Inc. v. Duke Energy Indiana, LLC, and Indiana Utility Regulatory Commission
22A-EX-1685
Agency action. Affirms the Indiana Utility Regulatory Commission’s grant of Duke Energy Indiana LLC’s petition for approval of a six-year plan for transmission, distribution and storage system improvements pursuant to Indiana Code § 8-1-39-10(a). Finds the IURC neither misapplied the challenged section of the TDSIC statute nor failed to make necessary factual findings.
A northwest Indiana attorney who last year pleaded guilty to possession of child pornography will be suspended from the practice of law for at least two years without automatic reinstatement. Two justices, however, voted in favor of disbarment.
An attempt by county commissioners to regulate e-cigarette and nicotine use in the local jail went too far, the Court of Appeals of Indiana has affirmed.
The Indiana Supreme Court has vacated a trial court’s order finding that improvements to a drain caused repeated flooding to a Montgomery County couple’s farmland, ruling the trial court left one question unresolved.
Court of Appeals of Indiana
In re the Paternity of C.R. Korey B. Ricciardi v. Christina Feiock (mem. dec.)
22A-JP-2255
Juvenile paternity. Reverses the Johnson Circuit Court’s order finding father Korey B. Ricciardi in contempt and any associated sanctions, including those related to makeup visits and that Ricciardi pay $1,500 to mother Christina Feiock’s attorney. Finds Ricciardi’s conclusion that Feiock was not entitled to midweek parenting time was not unreasonable. Also finds Ricciardi did not willfully disobey the court’s order. Finally, finds Ricciardi has demonstrated prima facie error.
The 7th Circuit Court of Appeals has affirmed the denial of a research tax credit for a southern Indiana shipbuilder.
Court of Appeals of Indiana
David Kelly v. Paul Goldberg and The Crown Hill Cemetery d/b/a Crown Hill Cemetery (mem. dec.)
22A-CT-2266
Civil tort. Reserves the Marion Superior Court’s order granting Paul Goldberg’s Verified Motion to Set Aside Default Judgment. Finds the trial court abused its discretion in granting Goldberg relief under Trial Rule 60(B). Remands with instructions to reinstate default judgment in favor of David Kelly.
The Indiana Supreme Court has reversed a trial court decision denying U.S. Automatic Sprinkler Corporation’s summary judgment motions in a property damage dispute. The court remanded the case for the entry of summary judgment in favor of the company.
The 7th Circuit Court of Appeals is once again looking at whether Hobbs Act robbery constitutes a “violent felony.” Both the district and appellate courts found that it does in the instant case under the extortion element of the Hobbs Act.
Court of Appeals of Indiana
Raylu Enterprises, Inc. v. City of Noblesville, Indiana
22A-PL-2243
Civil plenary. Affirms the Hamilton Superior Court decision to grant the city of Noblesville’s motion to strike an inverse-condemnation claim made by Raylu Enterprises Inc. against the city. Finds the trial court did not abuse its discretion in striking Raylu’s inverse-condemnation counterclaim.
The owner of a pizza parlor that was shut down as part of an eminent domain action has failed to convince the Court of Appeals of Indiana that the trial court erred in striking its inverse condemnation counterclaim.
A man who repeatedly called and messaged Fort Wayne city employees about parking enforcement made true threats not protected by the First Amendment, the Court of Appeals of Indiana has ruled.
Court of Appeals of Indiana
Darin M. Haberkorn v. State of Indiana
22A-CR-2150
Criminal. Affirms Darin Haberkorn’s conviction of Class B misdemeanor harassment. Finds sufficient evidence supports Haberkorn’s harassment conviction. Also finds the Allen Superior Court did not commit fundamental error in instructing the jury.
A man sentenced to 30 years after pleading guilty to a crime of violence has failed on his appeal to the 7th Circuit Court of Appeals.
Continuing a trend in Indiana courts, the 7th Circuit Court of Appeals has once again ruled that COVID-related business closures do not qualify as “physical losses” eligible for insurance coverage.