An Oregon woman who brought product liability claims in a short-form complaint against Indiana-based Cook Medical could not succeed on appeal because her claims were untimely, the 7th Circuit Court of Appeals has affirmed.
Court of Appeals of Indiana
In the Matter of the Marriage of: Kristi M. McClendon v. Richard L. Triplett
21A-DR-1852
Domestic relations. Affirms the modification of custody of K.T. and D.T. in favor of father Richard Triplett. Finds mother Kristi McClendon failed to demonstrate that she was prejudiced by the denial of her motion to continue, that the Adams Circuit Court abused its discretion by allowing K.T. to testify without her parents in the courtroom, that the trial court’s denial of her motion to exclude testimony of three witnesses was erroneous or that the trial court erred by granting Triplett’s motion for modification of physical and legal custody.
An Indiana-based father was properly awarded primary custody of his two children who until recently had lived with their mother in North Carolina, the Court of Appeals of Indiana has ruled.
A mother whose parental rights were terminated after a virtual hearing via Zoom has lost her appeal at the Indiana Supreme Court, which instead adopted as precedent a Court of Appeals analysis of how the mother’s due process rights were impacted by the virtual proceedings.
A woman who said she lost consciousness while driving before causing a serious accident demonstrated that her medical emergency was unforeseeable, the Court of Appeals of Indiana has affirmed, upholding a summary judgment ruling in favor of the woman on a negligence claim.
Court of Appeals of Indiana
Rhonda R. Parkevich v. State of Indiana (mem. dec.)
21A-CR-1385
Criminal. Affirms and reverses in part the order for Rhonda R. Parkevich to pay restitution upon her conviction of Level 6 felony theft. Finds Parkevich waived her right to dispute her ability to pay her ordered restitution, and the Cass Superior Court didn’t err by determining she had the ability to pay. Also finds the trial court abused its discretion by failing to fix the manner of payment and by awarding restitution for a loss that is not the direct and immediate result of the offense in this case. Remands with instructions to impose restitution in the amount of $36,632, determine a payment schedule and fix the amount of the payments.
Read Indiana appellate court decisions from the most recent reporting period.
While the process of remedying a case of credit card identity theft caused “a world of aggravation” for the plaintiff, the 7th Circuit Court of Appeals has affirmed the debt collectors’ actions during the investigation didn’t violate the Fair Debt Collection Practices Act or Fair Credit Reporting Act.
Court of Appeals of Indiana
Vichitra Tyagi v. Vinita Singh Tyagi
21A-DC-1392
Domestic relations with children. Affirms the dissolution of Vichitra Tyagi’s marriage to Vinita Singh Tyagi. Finds the Boone Superior Court did not err in several instances, including when it found that a note payable existed and allocated it as an asset to Husband; when it found Husband’s weekly income to be $5,000 for child support; when it relied on Wife’s evidence about the U.S. dollars and Indian rupees conversion rate; and when it unequally divided the marital estate.
The Boone Superior Court did not err in ordering an unequal division of a former couple’s marital estate, the Court of Appeals of Indiana has ruled.
An Indianapolis homeowner’s carriage house and detached garage are eligible for the standard homestead deduction and a 1% property tax cap, the Indiana Tax Court ruled in a Wednesday reversal, despite the Indiana Board of Tax Review’s decision to the contrary.
An Indianapolis woman whose property fell into foreclosure after her house burned was unable to convince the Court of Appeals of Indiana that her mortgage allowed for part of the insurance payment to cover her attorney fees.
A $435,000 arbitration award was a money judgment that is subject to discharge in a bankruptcy case, the 7th Circuit Court of Appeals ruled in a dispute between ex-spouses.
Probation officers are state employees who must be defended by the Indiana attorney general against litigation, the Indiana Supreme Court has ruled, reversing lower court rulings in favor of the state.
Finding federal prosecutors failed to present any evidence to support the allegation that Edward Gibbs confessed to conspiring to distribute 4.5 kilograms of crystal meth, the 7th Circuit Court of Appeals overturned his 16-plus-year sentence and remanded for resentencing at a lower offense level.
7th Circuit Court of Appeals
In Re: Donald Wayne Harshaw, Elizabeth Anne Harshaw v. Donald Wayne Harshaw
21-1423
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Holly A. Brady.
Civil. Affirms the district court’s ruling allowing Donald Harshaw to discharge an arbitrator’s award in a bankruptcy action. Finds the award was for a money judgment and thus subject to discharge.
A trial court erred when it dismissed state charges against a man who was acquitted in federal court on a charge stemming from the same incident, the Court of Appeals of Indiana has ruled.
A man who found himself in a dispute with his former business partner’s estate failed to convince the Court of Appeals of Indiana to overturn rulings favorable to the estate but not to him.
A Fort Wayne doctor who lost privileges at an area hospital failed to convince the Court of Appeals of Indiana that his privileges should be reinstated.
Court of Appeals of Indiana
L.M. v. Review Board of the Indiana Department of Workforce Development
21A-EX-990
Agency action. Reverses the Review Board of the Indiana Department of Workforce Development’s decision to affirm an administrative law judge’s ruling that L.M. did not timely file an appeal regarding her denial of pandemic unemployment assistance benefits. Finds a denial sent electronically is sent the same day it was received, so L.M.’s appeal was timely. Remands for further proceedings.