Indiana Court Decisions – Aug. 12-25, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Read Indiana appellate court decisions from the most recent reporting period.
Indiana Supreme Court
Teresa Blackford v. Welborn Clinic
21S-CT-85
Civil tort. Affirms the grant of summary judgment to the Welborn Clinic and the denial of Teresa Blackford’s motion for partial summary judgment. Finds the Indiana Business Trust Act’s limitation period is a statute of repose, so fraudulent concealment may not extend the time in which to file a claim. Also finds that even if the limitation period were subject to tolling, a tortfeasor’s constructive fraud precludes equitable relief. Finally, finds Blackford’s claim was untimely.
7th Circuit Court of Appeals
Chad E. Mathis v. Metropolitan Life Insurance Company, a.k.a. METLIFE, et al.,
20-2719
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James R. Sweeney II.
Civil. Affirms the Indiana Southern District Court’s dismissal of Dr. Chad Mathis’ negligent-procurement claim with prejudice and the grant of summary judgment to Metropolitan Life Insurance Company, MetLife, on most his breach-of-contract claim. Finds the district judge committed no error in disposing of Mathis’s claims.
The following Indiana Supreme Court decision was posted after IL deadline on Thursday.
Muir Woods Section One Association, Inc., Muir Woods, Inc., Spruce Knoll Homeowners Association, Inc., and Oakmont Homeowners Association, Inc. v. Marion County Assessor, Joseph P. O’Connor
21S-TA-158
On petition for review from the Indiana Tax Court. Reverses in part, summarily affirms in part, and remands to the Board of Tax Review for further proceedings. Finds Form 133 filed by Muir Woods Section One Association, Inc., Muir Woods, Inc., Spruce Knoll Homeowners Association, Inc., and Oakmont Homeowners Association, Inc was a proper avenue to challenge the application of a discount to common land within the HOAs’ property. Reverses Section 2 of the Indiana Tax Court’s opinion and summarily affirms the remainder of its decision. Remands.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
Jose Andrade v. City of Hammond, Indiana, et al.
20-1541
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Senior Judge Theresa L. Springmann.
Civil. Reverses the dismissal of Jose Andrade’s federal complaint against the City of Hammond, the Hammond Board of Public Works and Safety and several Hammond employees. Finds Rooker-Feldman does not bar federal-court jurisdiction because Andrade’s claims concern the defendants’ actions separate from any state-court judgment. Remands for further proceedings. Chief Judge Diane Sykes concurs with separate opinion.
Indiana Court of Appeals
James M. Prater, III v. Harris & Sons Landscaping, LLC
21A-SC-7
Small claims. Affirms the Marion County Small Claims Court’s award of damages and attorney fees following its judgment for James M. Prater III on his claim against Harris & Sons Landscaping LLC. Finds Prater has not shown that the $300 attorney fee award is either contrary to the logic and effect of the facts and circumstances before the small claims court or that it misinterpreted the law.
A federal appeals court Wednesday upheld Dylann Roof’s conviction and death sentence for the 2015 racist slayings of nine members of a Black South Carolina congregation, saying the legal record cannot even capture the “full horror” of what he did.
While the state failed in its attempt to reinstate criminal charges against a couple who adopted then abandoned a female who they believed was actually an adult, the Indiana Court of Appeals has another option for prosecuting the defendants.
The Indiana Court of Appeals has affirmed the denial of a man’s request for $8,000 in attorney fees in a small claims case after roughly $350 was deducted from his paychecks for damaging a client’s property.
The Indiana Automobile Insurance Plan was properly awarded summary judgment against an insurance company that did not notify it of a multi-million-dollar loss, the Indiana Court of Appeals has ruled.
A Title IX lawsuit filed by a former student against the Indiana University School of Medicine and its top officials will be able to partially continue after a federal court allowed certain due process allegations arising from the expulsion to proceed.
Indiana Court of Appeals
Trina M. Spainhower v. Smart & Kessler, LLC (f/k/a Smart Kessler & Lowe, LLC), Smart Kessler Lowe (a/k/a Smart & Kessler), John M. Smart, III, Douglas W. Kessler, and Brian K. Lowe
20A-SC-1629
Small claims. Affirms the Johnson Circuit Court’s denial of a fraud claim filed by Trina Spainhower against Smart & Kessler LLC based on the firm’s representation to her that a consultation would be with a licensed attorney belonging to the firm. Finds Spainhower’s claim was not a claim for legal malpractice because the misrepresentation occurred before she met with Matthew Boehning and did not occur within an attorney-client relationship. Also finds that Spainhower did not meet her burden of proof to show that the misrepresentation was made with an intent to deceive or a reckless ignorance of the truth, as required to prove fraud.
A ruling for concrete-industry employees in a breach of confidentiality dispute with their former employer has been affirmed by the Indiana Court of Appeals.
A Greenwood law firm did not commit fraud when an unlicensed representative consulted with an Indianapolis woman for legal services, the Indiana Court of Appeals has ruled. However, the appellate panel opined that disciplinary grievances filed as a result of the alleged fraud were dismissed too quickly.
Indiana Court of Appeals
Alan Lee Bennett v. State of Indiana
20A-CR-2061
Criminal. Affirms Alan Lee Bennett’s conviction of murder. Finds the state did not violate Bennett’s due process rights. Also finds the Spencer Circuit Court did not err in limiting the admission of evidence of voluntary intoxication, because admitting such evidence to advance a self-defense claim would run afoul of Indiana Code § 35-41-2-4.
Nathan L. Reitenour and Jamie M. Reitenour v. M/I Homes of Indiana, L.P., the Utilities Service Board of the City of Lawrence, Indiana, and the City of Lawrence
21A-CT-103
Civil tort. Reverses the Marion Superior Court’s order staying proceedings and compelling arbitration in Nathan and Jamie Reitenour’s suit against M/I Homes of Indiana L.P. Finds the order was premature because the Reitenours have not yet definitively chosen the remedy of damages. Also finds the Reitenours must choose damages, as opposed to recission of the purchase agreement, before the trial court may compel arbitration. Remands for further proceedings.
The Indiana Court of Appeals ruled Friday that a lower court erred in its distribution of assets and debts between a divorced Hendricks County couple.
A Lawrence couple will not be compelled to arbitration over a sewage dispute with their homebuilder at this time, the Indiana Court of Appeals ruled in a Friday reversal, finding an order to do so by the Marion Superior Court was “premature.”
A trial court erred in granting a petition for sole custody of a child to his father and will need to revisit its decision, the Indiana Court of Appeals has ruled.
Indiana Attorney General Todd Rokita this week led a 15-state coalition in opposition to President Joe Biden’s attempt to overturn the previous administration ‘s remain-in-Mexico immigration policy. A federal appeals court has declined Biden’s request to stay the injunction against his revocation of the policy, just days after Rokita filed an amicus brief.