7th Circuit affirms heroin dealer’s amended sentence
An Indianapolis heroin dealer who had already convinced the 7th Circuit Court of Appeals once to reduce his prison time has failed to persuade the judges to shave more time off his sentence.
Court opinions
Articles
Hoosier justices craft new framework for deposing execs: Indiana Supreme Court builds in elements for careful consideration of deposition requests
A lawsuit filed against the NCAA presented an issue of first impression and prompted the Indiana Supreme Court to develop a framework for trial courts to use when deciding discovery disputes involving executives or high-ranking officials in an organization.
Indiana Court Decisions: Sept. 22-Oct. 5, 2022
Read Indiana appellate court decisions from the latest reporting period.
Despite error, COA affirms dismissal of couple’s complaint over arsenic-treated decks
While a Monroe County couple convinced the Court of Appeals of Indiana that a trial court misapplied the state’s product-liability statute in their case, that ruling still didn’t win them any relief for the allegedly defective decks at their home.
Opinions Oct. 11, 2022
Court of Appeals of Indiana
Gene DeVane and Gladys DeVane, Husband and Wife v. Arch Wood Protection, Inc., a Lonza Company, Osmose, Inc., n/k/a Koppers Performance Chemicals Inc., Chemical Specialties, Inc., n/k/a Venator Materials PLC
22A-CT-233
Civil tort. Affirms the dismissal with prejudice of Gene and Gladys DeVane’s complaint against Arch Wood Protection Inc., Koppers Performance Chemicals Inc. and Venator Materials PLC seeking the replacement of their decks. Finds the Monroe Circuit Court erred by dismissing the complaint based on the product-liability statute of repose because the DeVanes have alleged no past or existing physical harm. Also finds the DeVanes have not established that “equitable remediation” is a valid cause of action, nor have they identified any other statutory or common-law cause of action that might be viable here.
Patient’s suit against Community Health moves ahead after diagnosis shared online
A woman whose medical diagnosis was mailed to the wrong person and then shared on social media may proceed with part of her suit against Community Health Network, the Court of Appeals of Indiana has ruled, finding genuine issues of material fact remain.
COA affirms CHINS adjudication for out-of-state, traveling children
A West Virginia mother whose children were taken into emergency custody in Indiana could not convince the Court of Appeals of Indiana that the adjudication of her kids as children in need of services was the wrong decision.
Revised ‘Dreamers’ program to get another review by court
A federal appeals court Wednesday ordered a lower court review of Biden administration revisions to a program preventing the deportation of hundreds of thousands of immigrants brought into the United States as children.
Colorado baker fighting ruling over gender transition cake
The Colorado baker who won a partial Supreme Court victory after refusing to make a gay couple’s wedding cake is challenging a separate ruling that he violated the state’s anti-discrimination law by refusing to make a cake celebrating a gender transition.
Split COA finds juvenile court had jurisdiction to order SORA registration
An Indiana man wasn’t wrongfully ordered to register under the Sex and Violent Offender Registration Act by a juvenile court after he turned 18, a split Court of Appeals of Indiana panel has concluded.
Opinions Oct. 5, 2022
Court of Appeals of Indiana
A.R. v. State of Indiana
22A-JV-156
Juvenile. Affirms the Henry Circuit Court’s order that A.R. register pursuant to the Indiana Sex and Violent Offender Registration Act. Finds the juvenile court had jurisdiction to consider the issue and the determination was supported by clear and convincing evidence. Also finds A.R.’s constitutional claims are waived. Judge Patricia Riley dissents with separate opinion.
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.
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.