Court opinions

The following 7^th 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.

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.

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.

Indiana Court of Appeals
Michael Bart Pritz v. State of Indiana (mem. dec.)
20A-CR-2367
Criminal. Affirms Michael Bart Pritz’s conviction of Class A misdemeanor domestic battery. Finds there was sufficient evidence to support the conviction.

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.