Court opinions - The Indiana Lawyer

Opinions Jan. 19, 2023

January 19, 2023

Court of Appeals of Indiana
David Joseph Guzzo, Robert Glenn Guzzo, and Betty Jo Keller v. Town of St. John, Lake County, Indiana
21A-PL-2213
Civil plenary. Reverses the Lake Superior Court’s judgment denying the Guzzo family 150% of the fair market value of their property in an eminent domain dispute. Finds the trial court erred in interpreting Indiana Code §§ 32-24-4.5-6.2 and -8. Remands to the trial court with instructions to order the town of St. John to compensate the Guzzos accordingly. Judge Margret Robb dissents with separate opinion.

Black nurse’s discrimination claims cannot overcome evidence at 7th Circuit

January 18, 2023 | Marilyn Odendahl

While acknowledging racism exists in the workplace, the 7^th Circuit Court of Appeals found a Black nurse’s claim that she was transferred to a lower-paying job solely because of her race was not supported by the evidence.

Homeowner must pay damages to contractor, but contractor not entitled to prejudgment interest, COA rules

January 18, 2023 | Jordan Morey

A contractor who sued a client after they refused to pay him despite not having a physical contract will get money damages after the Court of Appeals of Indiana denied the client relief. However, the contractor will not receive any prejudgment interest.

COA dismisses default judgment appeal, but dissent would consider merits

January 18, 2023 | Alexa Shrake

The Court of Appeals of Indiana has upheld the entry of default judgment against a pool company, dismissing its appeal of that judgment. A dissenting judge, however, would consider the case on the merits.

Indiana Court Decisions: Dec. 29, 2022-Jan. 11, 2023

January 18, 2023

Read Indiana appellate court decisions from the most recent reporting period.

The art of persuasion: Hoosier attorneys support rule change regarding memorandum decisions

January 18, 2023 | Jordan Morey

The relatively few words tacked onto the end of Indiana Rule of Appellate Procedure 65(D) were the result of nearly a decade’s worth of effort by Hoosier lawyers.

Opinions Jan. 17, 2023

January 17, 2023

Court of Appeals of Indiana
Amy Osadchuk v. Charles P. Rice and Boveri Murphy Rice, LLP
22A-CT-1068
Civil tort. Affirms the St. Joseph Superior Court’s order to grant Charles Rice and his law firm’s motion for judgment on the pleadings. Finds Amy Osadchuk’s complaint alleging legal malpractice, fraud, constructive fraud and attorney deceit and collusion was time-barred.

Employee can’t sue boss after falling on ice outside boss’s house, COA affirms

January 13, 2023 | Jordan Morey

A businesswoman who was sued after one of her employees injured herself on the sidewalk outside of her home can’t be blamed for the icy conditions that led to her fall, the Court of Appeals of Indiana has affirmed.

7th Circuit affirms summary judgment for employer after employees abused FMLA leave

January 13, 2023 | Alexa Shrake

A husband who was suspended from work along with his wife after they were accused of misusing FMLA leave has failed in his bid to convince the 7^th Circuit Court of Appeals to reinstate his lawsuit against his employer.

Court of Appeals affirms conviction in child suffocation death

January 13, 2023 | IL Staff and Associated Press

The Court of Appeals of Indiana has upheld the murder conviction of a Gary woman who admitted that she fatally smothered her 1-year-old foster child in her crib in 2017.

IN justices uphold murder conviction, LWOP sentence after finding child’s behavior did not provoke ‘sudden heat’

January 12, 2023 | Marilyn Odendahl

The Indiana Supreme Court has affirmed the murder conviction and life without parole sentence of a Grant County woman, finding the child victim’s behavior did not cause adequate provocation to support the defendant’s claim she acted in “sudden heat.”

Supreme Court lets New York enforce gun law during lawsuit

January 12, 2023 | Associated Press

New York can for now continue to enforce a sweeping new law that bans guns from “sensitive places” including schools, playgrounds and Times Square, the U.S. Supreme Court said Wednesday, allowing the law to be in force while a lawsuit over it plays out.

7th Circuit revives bankruptcy collections dispute, overturns little-used ‘transfer’ precedent

January 10, 2023 | Alexa Shrake

The 7^th Circuit Court of Appeals has revived a bankruptcy collections dispute, remanding the case to resolve a trustee’s petition to recover funds paid to a creditor. In doing so, the appellate court overturned a 39-year-old precedent.

Split COA affirms that Army vet can’t call psychologist to testify about PTSD in murder case

January 9, 2023 | Jordan Morey

A U.S. Army combat veteran who was stationed at Fort Hood, Texas, on the day of the 2009 mass shooting cannot call a psychologist to testify about his post-traumatic stress disorder in his murder trial, the Court of Appeals of Indiana has ruled.

COA: Trial court erred by forbidding father’s discussion of religion with child

January 6, 2023 | Jordan Morey

The Court of Appeals of Indiana has reversed a trial court’s custody order barring a father from discussing religion with his daughter.

Opinions Jan. 6, 2023

January 6, 2023

Court of Appeals of Indiana
Kory Easterday v. Amber (Easterday) Everhart
22A-DC-1510
Domestic relations with children. Reverses in part the Jackson Superior Court’s decision to modify the legal custody of Ka.E., the child of father Kory Easterday and mother Amber Everhart. Finds Easterday demonstrated prima facie error. Also finds the trial court erred when it based the modification of legal custody solely on religion. Finally, finds the portion of the trial court’s order totally prohibiting Easterday from discussing religion with Ka.E. violates his First Amendment right to free speech.

Justices reinstate Vectren’s ‘instantaneous netting’ method for crediting excess energy production

January 4, 2023 | Jordan Morey

The Indiana Supreme Court has ruled in favor of Vectren energy, finding it followed state law when it changed its method of determining the credit its customers receive when producing excess solar and wind energy.

Opinions Jan. 4, 2023

January 4, 2023

Indiana Supreme Court
Indiana Office of Utility Consumer Counselor, Citizens Action Coalition of Indiana, Inc., Vote Solar, Environmental Law & Policy Center, Solarize Indiana, Inc., Solar United Neighbors, and Indiana Distributed Energy Alliance v. Southern Indiana Gas and Electric Company and Indiana Utility Regulatory Commission
22S-EX-00166
Agency action. Affirms the Indiana Utility Regulatory Commission’s approval of Southern Indiana Gas and Electric Company’s petition for approval of its new instantaneous netting method determining the amount of credit its customers receive for their excess distributed generation of electricity. Finds the commission properly held that Vectren’s instantaneous netting method is not contrary to law and satisfies the requirements in Indiana Code § 8-1-40-5. Justice Christopher Goff concurs in result without separate opinion. Justice Derek Molter did not participate.

Indiana Court Decisions: Dec. 15-28, 2022

January 4, 2023

Read Indiana appellate court decisions from the most recent reporting period.

Appellate court rejects 2nd burglary sentence appeal after previously ordering resentencing

December 28, 2022 | Jordan Morey

A man who previously convinced the Court of Appeals of Indiana to reduce his burglary conviction and sentence failed Wednesday in his second sentencing appeal.

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