Ball State student may proceed in COVID breach-of-contract class action against university
A student’s class-action lawsuit filed against Ball State University for COVID-related closures can proceed, the Court of Appeals of Indiana has ruled.
Court opinions
Articles
Opinions Oct. 4, 2022
Court of Appeals of Indiana
Carla Tinsley-Williamson, as Guardian of Ethan M. Tinsley v. A.R. Mays Construction, Inc., American Multi-Cinema, Inc., and Largo Theater Construction, Inc.
21A-CT-2230
Civil tort. Affirms the Hendricks Superior Court’s entry of partial summary judgment for A.R. Mays Construction Inc. on Ethan Tinsley’s complaint alleging negligence. Finds A.R. Mays’ designated evidence affirmatively negates an element of Tinsley’s negligence claim, namely, whether A.R. Mays owed Tinsley a duty of care.
Movie theater contractor not liable for construction worker’s on-the-job injuries, COA affirms
The guardian of a man who was injured while working on a movie theater construction project has failed to convince the Court of Appeals of Indiana that a subcontractor for AMC Theatres owed the man a duty of care.
Opinions Oct. 3, 2022
7th Circuit Court of Appeals
Estate of Eric Jack Logan v. City of South Bend, Indiana, and Ryan O’Neill
21-2922
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon R. Leichty.
Civil. Affirms the U.S. District Court of the Northern District of Indiana’s grant of summary judgment in favor of former South Bend officer Ryan O’Neill. Finds the record compels a decision for O’Neill.
7th Circuit affirms for ex-officer in fatal shooting of South Bend Black man
The family of a Black South Bend man who was fatally shot by a now-resigned white police officer found no relief from the 7th Circuit Court of Appeals after it concluded that the officer gave the man “a chance to live” before shooting.
2nd time around, COA affirms modification of custody in father’s favor
After overturning a previous modification order because the mother was unrepresented, the Court of Appeals of Indiana has affirmed the trial court’s second order giving the father primary custody of his two girls.
COA remands after finding teacher’s aide’s 6th Amendment rights violated in child molesting case
A former teacher’s assistant sentenced to more than 40 years on child molesting charges could win a partial resentencing after she presented an issue of first impression to the Court of Appeals of Indiana, which held her Sixth Amendment rights were violated.
US high court asked to undo Indiana Lake Michigan ruling
Three property owners with land along northwest Indiana’s Lake Michigan shoreline have asked the U.S. Supreme Court to undo a 2018 ruling by Indiana’s high court that declared the shoreline is owned by the state for the public’s enjoyment.
Statute of limitations correctly applied under Indiana Accountancy Act in tax dispute, COA affirms
The correct statute of limitations was applied in a dispute between an accountant and a business that claimed the accountant’s work resulted in it paying significantly more in federal and state taxes, the Court of Appeals of Indiana has ruled.
Appellate court splits in first impression ‘he said, she said’ child molesting case
Court of Appeals of Indiana judges parted ways on an issue of first impression in a “he said, she said” child molestation case, with the majority finding that a man was not given a fair opportunity to challenge the “she said” part of the evidence.
COA: Contractor not liable for worker’s slip and fall
A construction worker who slipped and fell while trying to step from a ladder onto a scaffolding platform was unable to regain his footing before the Court of Appeals of Indiana, which found the contractor’s focus on safety did not indicate a duty of care.
Father who tried to attend online CHINS hearing in person secures COA reversal
A Marion County father who mistakenly tried to attend a child in need of services hearing in person instead of online shouldn’t have been denied a new factfinding hearing, the Court of Appeals of Indiana has ruled.
7th Circuit affirms for insurer who denied workers’ comp claim for Kentucky injury
An insurance company that wasn’t notified that a policy-holding subcontractor did work outside of Indiana has convinced the 7th Circuit Court of Appeals that it wasn’t required to cover a worker injured in Kentucky.
Indiana Court Decisions: Sept. 8-21, 2022
Read Indiana appellate court decisions from the most recent reporting opinion.
Despite win in federal court, defendant loses suppression appeal in state court
An Evansville man who was charged with illegally possessing a firearm in state and federal court could not convince the Court of Appeals of Indiana that his motion to suppress should have been granted by the trial court when the district court ruled for him.
COA again shuts down daughter’s arguments in trust dispute, orders appellate attorney fees
A longtime legal battle between siblings over their mother’s trust recently made its way back to the Court of Appeals of Indiana, where the sister lost yet again. The appellate court’s ruling also included a warning for the sister’s longtime counsel.
Split COA reverses protective order against father in ‘close case’
An Indiana woman who secured a protective order against her ex-husband stemming from an incident with their daughter was unable to convince the Court of Appeals of Indiana that the order was necessary.
COA finds ‘shall’ is unambiguous in requirements for solar farm application
The Court of Appeals of Indiana has affirmed that the plug must be pulled on the first phase of what has been described as one of the largest commercial solar farms.
Opinions Sept. 19, 2022
Court of Appeals of Indiana
Performance Services, Inc. v. Randolph Eastern School Corporation
22A-CP-361
Civil plenary. Reverses the Randolph Circuit Court’s entry of summary judgment for the Randolph Eastern School Corporation against Performance Services Inc. Holds that the trial court erred when it granted the School Corporation’s motion for summary judgment and denied Performance’s motion for summary judgment. Remands with instructions to enter summary judgment for Performance and to hold a hearing on Performance’s damages. Judge Elaine Brown dissents with a separate opinion.
Opinions Sept. 16, 2022
The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Thursday:
Daudi M. Mwangangi v. Taylor Nielsen, et al., and City of Lebanon, Indiana
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
21-1576, 21-1577 & 21-1971
Civil. Affirms entry of partial summary judgment for Daudi Mwangangi against officer Blayne Root as to the false arrest and against officer Frank Noland as to the second pat-down search. Reverses partial summary judgment for Mwangangi as to the challenge to Root’s pat-down and as to the alleged false arrest by officer Taylor Nielsen, Noland and Sgt. Ben Phelps. Vacates partial summary judgment for Mwangangi against Nielsen and Noland based on their alleged failures to intervene. Remands. Judge Frank Easterbrook concurs and Judge Thomas Kirsch dissents in part with separate opinions.