Prohibition of e-cigarettes, nicotine products in county jail went too far, COA affirms
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.
Court opinions
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IN justices vacate, remand trial court’s ruling in Montgomery Co. flooding case
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.
Opinions March 8, 2023
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.
Shipbuilder not entitled to research tax credit, 7th Circuit affirms
The 7th Circuit Court of Appeals has affirmed the denial of a research tax credit for a southern Indiana shipbuilder.
Opinions March 7, 2023
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.
Sprinkler company sued after office leak wins summary judgment from IN Supreme Court
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.
Looking at extortion, 7th Circuit affirms enhanced sentence for Hobbs Act robbery
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.
Opinions March 6, 2023
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.
COA affirms striking of inverse condemnation action after pizza parlor is shut down
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.
COA: Man’s calls, messages to city employees amounted to unprotected ‘true threats’
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.
Opinions March 3, 2023
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.
7th Circuit affirms ‘crime of violence’ conviction
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.
COVID-related closures not ‘physical loss’ under insurance policy, 7th Circuit again affirms
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.
Opinions March 2, 2023
Court of Appeals of Indiana
Matthew Joseph Frazier, Jr. v. State of Indiana (mem. dec.)
22A-CR-686
Criminal. Affirms Matthew Frazier’s conviction of attempted residential entry. Finds the state presented sufficient evidence in the Marion Superior Court to support Frazier’s conviction.
7th Circuit affirms enough information available to issue warrant in Indianapolis handgun case
Indianapolis police had probable cause for a search warrant in a July 2020 case that resulted in a man’s federal felon-in-possession of a handgun charge, the 7th Circuit Court of Appeals ruled Wednesday.
COA: Common law duty of good faith doesn’t extend to surety-obligee relationship
The common law duty of good faith that applies to insurance does not extend to the relationship between a surety company and bond obligee, the Court of Appeals of Indiana has ruled.
Opinions March 1, 2023
Court of Appeals of Indiana
Posterity Scholar House, LP v. FCCI Insurance Company
21A-PL-2731
Civil plenary. Affirms the Allen Superior Court’s grant of FCCI Insurance Company’s motion for partial summary judgment as to Posterity Scholar House’s tortious bad faith claim. Finds the relationship between a surety and its bond obligee does not reflect the “special relationship” on which the Indiana Supreme Court relied in Erie Ins. Co. v. Hickman, 622 N.E.2d 515 (Ind. 1993). Dismisses Posterity’s appeal of the trial court’s denial of its motion for partial summary judgment as to its breach of contract claim. Finds the Court of Appeals lacks jurisdiction over the breach of contract appeal.
7th Circuit affirms summary judgment for insurer after sprinkler malfunction leads to $7M in fire damages
A Michigan insurance company does not have to cover losses of more than $7 million stemming from a July 2019 South Bend fire that destroyed a costume and theatrical supply retailer’s warehouse, the 7th Circuit Court of Appeals ruled Tuesday.
Gillaspie: What Rule 65(D) amendment means for practitioners and courts
A common question among practitioners is whether they may cite memorandum decisions issued by the Court of Appeals of Indiana. The answer to that question is controlled by Appellate Rule 65.
Indiana Court Decisions: Feb. 9-21, 2023
Read Indiana appellate court decisions from the most recent reporting period.