Court opinions

Indiana Court of Appeals
Rebecca J. Denman, M.D. v. St. Vincent Medical Group, Inc., St. Vincent Carmel Hospital, Inc.
20A-PL-1236
Civil plenary. Affirms the denial of a directed verdict to St. Vincent Medical Group and St. Vincent Carmel Hospital in a defamation case brought by Dr. Rebecca Denman, and the denial of Denman’s request to amend the judgment. Reverses the remitter of damages. Finds the Indiana Supreme Court’s emergency orders did not toll the accrual of post-judgment interest. Remands to recalculate the prejudgment interest award based on a $4.75 million verdict, which award shall accrue post-judgment interest beginning June 19, 2020. Also remands to recalculate post-judgment interest pursuant to statute.

Indiana Court of Appeals 

Sandra Haggarty v. Thomas M. Haggarty
20A-DC-1877
Domestic relations with children. Affirms the resolution of contested issues in divorce proceedings between Sandra and Thomas Haggarty. Finds the evidence and findings support the Allen Circuit Court’s implementation of the agreement’s requirement for Thomas to maintain a joint checking account for ordinary living expenses. Also finds Sandra was not entitled to prejudgment interest because the court had to use its discretion to determine the contract damages. Finally, finds the trial court did not err when it found Sandra’s releases were unambiguous or when it ordered her to pay Thomas’ attorney fees for litigating her meritless assertion that the releases meant other than what they said. Judge Margret Robb concurs in part and dissents in part with separate opinion.

Indiana Court of Appeals
CouponCabin, LLC v. Michael Christofield (mem. dec.)
21A-SC-410
Small claims. Affirms the Lake Superior Court’s judgment for Michael Christofield against CouponCabin, LLC in the amount of $76.86 plus court costs. Finds the trial court did not reach a conclusion opposite of what the evidence in the case pointed to.

Opinions Aug. 13, 2021
Indiana Court of Appeals

In re the Matter of the Adoption of Minor Children, C.M.L. and C.T.L., K.C. and F.M., Paternal Aunt and Uncle v. Indiana Department of Child Services
21A-AD-714
Adoption. Affirms the Madison Circuit Court’s denial of paternal aunt and uncle K.C. and F.M’s motion requesting relief from judgment pursuant to Indiana Trial Rule 60(B). Finds the trial court did not abuse its discretion by denying the motion.

The following 7^th Circuit Court of Appeals opinion was posted after IL Deadline on Wednesday:

Reid Hospital and Health Care Services, Inc. v. Conifer Revenue Cycle Solutions, LLC
20-1735
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division. Judge James Patrick Hanlon.

Civil. Reserves grant of summary judgment to Conifer Revenue Cycle Solutions. Finds Conifer’s arguments are in conflict with the tailored language of the contract with Reid Hospital, which includes a glossary of 66 contract-specific terms. Rules the contract does not define all lost revenue as indirect or consequential so Reid Hospital can seek to recover damages. Holds whatever the parties meant by “willful misconduct,” a jury could find that at least some of Conifer’s assumed breaches amounted to willful misconduct.

Indiana Court of Appeals
Adam Craig Thomas v. Amy Thomas (mem. dec.)
20A-DR-900
Domestic relations. Affirms and reverses in part the Allen Superior Court’s decree of dissolution for Adam and Amy Thomas. Finds the trial court did not err in awarding Amy sole legal custody. Also finds the trial court did not err in the division of marital property, except for considering Adam’s Dupont distributions as both income for purposes of determining his child support payments as set forth in its provisional order and later property for purposes of dividing the marital estate, and remands for reconsideration of distributions from Lithotripsy of Northern Indiana LLC. Finally, finds the trial court abused its discretion by allowing Amy to offset the entirety of the au pair costs but otherwise did not err in its rulings on child support. Remands for the trial court to reconsider the costs related only to child care while Amy works.

7^th Circuit Court of Appeals
Beverly Zylstra and Bernard Zylstra v. DRV, LLC
20-1949
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Senior Judge William C. Lee.
Civil. Affirms the Indiana Northern District Court’s grant of summary judgment to DRV, LLC against Bernard and Beverly Zylstra on their suit claiming breach of express and implied warranties under state law, violation of the federal Magnuson-Moss Act and violation of state deceptive practices acts. Finds even in the light most favorable to the Zylstras, DRV never had a reasonable opportunity to repair the defects to their RV as required under the warranty. Therefore, the Zylstras’ claims cannot survive.

The following 7^th Circuit Court of Appeals opinions were posted after IL deadline on Friday.

USA v. Bryant Love
20-2131, 20-2297
Appeals from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip Simon.

Criminal. Reverses and remands the Indiana Northern District Court’s ruling that only two of Bryant Love’s three prior offenses amounted as predicates under the Armed Career Criminal Act. Finds Love’s 2015 Indiana Class D battery resulting in bodily injury counts as an ACCA predicate and orders for his resentencing on multiple drug counts and a felon-in-possession count.

Indiana Court of Appeals
Latieka Q. Page v. State of Indiana
21A-CR-90
Criminal. Reverses Latieka Page’s conviction of Level 6 felony possession of a narcotic drug after law enforcement found previously prescribed Oxycodone pills in an unlabeled bottle in her car. Disagrees with the Elkhart Superior Court’s determination that a validly issued prescription becomes invalid for purposes of Indiana Code § 35-48-4-6 upon a person’s failure to take the medicine as prescribed. Finds Page proved by a preponderance of the evidence that she had obtained the pills from previous validly-issued prescriptions.