U.S. Supreme Court rejects Bayer’s bid to stop Roundup lawsuits
The U.S. Supreme Court has rejected Bayer’s appeal to shut down thousands of lawsuits claiming that its Roundup weedkiller causes cancer.
Court opinions
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Indiana Court Decisions: June 2-15, 2022
Read Indiana appellate court decisions from the most recent reporting period.
Opinions June 17, 2022
Court of Appeals of Indiana
Donnell Goston Sr., et. al v. State of Indiana, et al.
21A-CT-2484
Civil tort. Affirms the grant of summary judgment for the Indiana Department of Child Services and other state defendants on father Donell Goston Sr.’s negligence complaint. Finds the Marion Superior Court didn’t err in allowing DCS to file a third motion for summary judgment as the motion addressed grounds not previously brought by the agency. Also finds the Notice Statute doesn’t allow a private right of action, and the Legislature didn’t intend for the law to allow it to do so.
Indiana Supreme Court relies on COA analysis in ruling for insurer in drunken driving case
Adopting the efficient and predominant cause analysis, the Indiana Supreme Court has found an insurance company did not have a duty to defend two Kokomo bars and their owner who are alleged to have continued serving alcohol to an inebriated patron who subsequently got into a drunken driving accident.
COA rules for DCS in negligence complaint after dad wasn’t notified of injury reports
An Indiana father who wasn’t notified that the Indiana Department of Child Services assessed allegations of abuse and neglect until two years after his twins were injured couldn’t convince the Court of Appeals of Indiana that the agency should be found negligent.
Opinions June 16, 2022
Court of Appeals of Indiana
Anthony Brahimsha v. Mariana Vallejo (mem. dec.)
21A-DC-2812
Domestic relations with children. Affirms the Jasper Circuit Court’s division of the marital estate arising from the dissolution of marriage between Anthony Brahimsha and Mariana Vallejo. Finds the trial court did not abuse its discretion by including a $70,000 loan and a vehicle in the marital pot or by omitting the value of the parties’ personal assets from the marital estate. Also finds the trial court did not err in finding that Wife had dissipated marital assets. Finally, finds the trial court did not err when it deviated from an equal division of the marital estate.
Justices dismiss Trump-era immigration case, in a Biden win
The U.S. Supreme Court said Wednesday it was wrong to wade into a dispute involving a Trump-era immigration rule that the Biden administration has abandoned, so the justices dismissed the case.
High court rules against government on drug reimbursement
The U.S. Supreme Court said Wednesday that the federal government improperly lowered drug reimbursement payments to hospitals and clinics that serve low-income communities, a reduction that cost the facilities billions of dollars.
Justices rule for American woman in bitter custody dispute
The U.S. Supreme Court ruled unanimously Wednesday for an American woman who is involved in a bitter international custody dispute with her Italian husband over their young son.
Man loses appeal of animal abuse convictions after hitting, shooting dog
The Court of Appeals of Indiana has upheld a man’s conviction for hitting and shooting his dog, finding the evidence did not support his claim that he was trying to put the animal down to protect his neighbors.
Opinions June 15, 2022
Court of Appeals of Indiana
Jacquetta Hahn-Weisz v. Samuel C. Johnson and Amber Johnson
22A-DC-36
Domestic relations with children. Reverses the Union Circuit Court’s partial grant of a petition to modify custody of J.J. filed by father Samuel Johnson. Finds Jacquetta Hahn-Weisz, the child’s grandmother who raises the child, presented clear and convincing evidence that the child’s best interests were substantially and significantly served by remaining with her. Also finds she has demonstrated prima facie error in the trial court’s granting of Johnson’s petition for modification of custody.
Convictions upheld for man in Allen Co. drug robbery gone wrong
A man involved in a robbery-turned-murder will keep his related convictions despite his arguments against a traffic stop and the jury instructions in his case, the Court of Appeals of Indiana has ruled.
Grandmother secures reversal in child custody case against father
A grandmother who says she helped “pick up the pieces” of her grandchild’s life after the minor was molested in her father’s home has secured a reversal from the Court of Appeals of Indiana in a custody battle.
Tax Court rules for Hendricks Co. convenience store in appraisal dispute
A Hendricks County convenience store has won its appeal for a lower real property assessment after the Indiana Tax Court struck down an underlying appraisal and market adjustment.
COA: Evidence sufficient to sustain sexual battery conviction
A man who groped a woman in a dormitory restroom was unable to get his felony conviction overturned after the Court of Appeals of Indiana found the evidence was sufficient to show he physically restrained the woman while touching her without her consent.
RFRA defense fails to stop child abuse prosecution
A Lawrence County man tried to defend himself against child abuse charges by asserting his right to religious freedom, but the Court of Appeals of Indiana found the state’s Religious Freedom Restoration Act did not apply in his case because the prosecution demonstrated it had chosen the least restrictive means to advance the state’s compelling interest in protecting children.
Justices reinstate judgment for loan broker, reject ‘fraud’ finding
A loan brokerage company will be permitted to collect a roughly $3,000 consultant’s fee from a client that rejected its financing offer, the Indiana Supreme Court has ruled, overturning a lower court’s finding that the broker asked the client to commit fraud in order to obtain financing.
Justices remand appeal of moot commitment order, clarify precedent on public-interest exception in commitment cases
Despite her involuntary commitment order having long since expired, a woman will be permitted to challenge the order at the Court of Appeals of Indiana after the Indiana Supreme Court issued a decision clarifying its precedent on how appellate courts should review involuntary commitment cases that have become moot. A dissenting justice, however, repeated previous concerns about the majority’s approach to the public-interest mootness exception.
Enhanced consecutive sentences upheld in fentanyl overdose case
A man who sold fentanyl-laced heroin to his friend that resulted in the buyer overdosing will keep his enhanced consecutive sentences, the Court of Appeals of Indiana has concluded.
COA finds statute grants DNR immunity from claims over flooded fields
A family of farmers in Marshall County who claimed their fields flooded because of the Indiana Department of Natural Resources’ negligent operation of a nearby dam had their trial court victory washed away when the Court of Appeals of Indiana ruled that a state statute grants the agency immunity from negligence claims.