Lake Co. dad gets new trial after potential landlord denies rental because of kids
A new trial has been ordered for a Lake County father who was refused a rental home after telling the owner that he had children.
Court opinions
Articles
7th Circuit revives case against Indiana nursing home, finding federal law allows for private right of action
In considering the plight of a northern Indiana man whose health worsened when he was a resident of Valparaiso Care and Rehabilitation, a state-run nursing facility, the 7th Circuit Court of Appeals has aligned with the 3rd and 9th Circuits in finding patients can enforce the rights offered under the Federal Nursing Home Reform Act.
Opinions July 27, 2021
Indiana Court of Appeals
Terrance Leroy Smoots, Jr. v. State of Indiana
20A-CR-2101
Criminal. Affirms Terrance Smoots Jr.’s convictions of Level 5 felony battery resulting in serious bodily injury, Level 4 felony criminal confinement resulting in moderate bodily injury, Level 6 felony obstruction of justice, Level 6 felony attempted obstruction of justice and a finding that he is a habitual offender, and his 24-year aggregate sentence. Finds the state proved by a preponderance of the evidence that Smoots’ conduct was designed to prevent Robert Simmons from testifying against him, so Smoots forfeited his right to confront Simmons at trial in light of that wrongdoing and his Sixth Amendment right to confrontation was not violated by the admission of Simmons’ statements at trial. Also finds the Madison Circuit Court did not abuse its discretion in sentencing Smoots. Finally, finds Smoots’ sentence is not inappropriate.
Inmate loses appeal after cell block attack
A Madison County prisoner convicted for his role in the battery of another inmate over “street beef” and for attempting to keep the man from testifying could not convince the Indiana Court of Appeals on Tuesday that his two-decade-long sentence should be revised.
7th Circuit rules for masonry workers in employee benefit plan dispute
Does the priority limitation found in the Bankruptcy Code apply to every fund that seeks unpaid contributions? The 7th Circuit Court of Appeals sided with more than a dozen masonry workers in answering that question in a Monday decision.
Opinions July 26, 2021
Indiana Court of Appeals
William Hoppe, as Father and Natural Guardian of Madison Hoppe, a Minor, and Shellie and Christopher Knoll v. Safeco Insurance Company of Indiana
21A-PL-73
Civil plenary. Affirms the Hamilton Superior Court’s grant of summary judgment in favor of Safeco Insurance Company of Indiana in Safeco’s declaratory judgment action to determine whether it had a duty to indemnify their insureds, Shellie and Christopher Knoll, in a lawsuit filed by William Hoppe, as father and natural guardian of Madison Hoppe, a minor. Finds coverage under the liability section of the homeowner’s insurance policy issued by Safeco to the Knolls does not apply to bodily injury arising from the use of the golf cart. Thus, there’s no coverage under the policy for any entrustment, supervision, act, decision or omission concerning the golf cart. Also finds the trial court properly granted summary judgment to Safeco.
Insurance company prevails in appeal of golf cart accident dispute
Two families jointly appealing a ruling that favored an insurance company after one of their children was injured in a golf cart accident did not convince the Indiana Court of Appeals that there was a mistake in the trial court’s decision.
COA affirms custody for mom in Hamilton County divorce dispute
Joint custody was not a good idea for a splitting Carmel family, the Indiana Court of Appeals concluded after finding that the arrangement would have been detrimental to the parties’ young child.
Opinions July 23, 2021
7th Circuit Court of Appeals
United States of America v. Kashawn Morrow
20-2259
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Criminal. Affirms Kashawn Morrow’s convictions on counts of Hobbs Act robbery and firearms offenses in relation to four robberies across Indiana and Ohio. Vacates the restitution award against Morrow. Finds Morrow failed to satisfy the plain error requirements to successfully challenge count 8. Also finds Hobbs Act robbery is a crime of violence. Finally, finds it was error for the district court to order restitution for property stolen during the Troy, Ohio robbery. Remands for a determination of the appropriate restitution award for the Ohio robbery.
Bail bondsman released from order to repay $20,000 bond
A bail bondsman has been freed from an order to pay up on a $20,000 bond he posted several years ago after the Indiana Court of Appeals reversed upon finding the bond had expired and was no longer forfeitable.
Opinions July 22, 2021
The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Wednesday.
Joseph McCavitt v. Kilolo Kijakazi, Acting Commissioner of Social Security
20-2727
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Civil. Affirms the rejection of Joseph McCavitt’s petition for Social Security disability benefits for his child, N.A.M. Rejects McCavitt’s argument that N.A.M., is disabled by attention deficit hyperactivity disorder, intellectual limitations, oppositional defiant disorder, and nocturnal enuresis and that his son’s conditions meet, or are functionally equivalent to three of six “domains of functioning”. Agrees with the ALJ and Indiana Northern District Court’s finding that N.A.M. did not meet any of the listings and has a marked limitation in only one functional category. Finds substantial evidence supports that conclusion.
Indiana RV manufacturer prevails in breach of warranty suit brought by frustrated customer
A peaceful retirement on the road wasn’t meant to be for a man whose experience with a recreational vehicle made by an Indiana company went flat following dozens of unresolved defects. But the 7th Circuit Court of Appeals ruled for the RV’s manufacturer, finding no issue with an instruction given to a jury in a suit against the RV maker.
7th Circuit: Child with ADHD, other conditions not entitled to disability benefits
A Hoosier child with several intellectual limitations is not considered disabled and therefore doesn’t qualify to receive benefits from the Social Security Administration, the 7th Circuit Court of Appeals has ruled.
Opinions July 21, 2021
7th Circuit Court of Appeals
City of Fishers, Indiana v. DIRECTTV
20-3478
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Civil. Affirms the Southern Indiana District Court’s abstention under the teachings of Levin v. Commerce Energy, Inc., 560 U.S. 413 (2010) from a case brought by several Indiana cities against Netflix and other video streaming platforms alleging they owe the cities past and future franchise fees under an Indiana statute. Finds the district court properly abstained and that it did not err by applying the Levin abstention factors.
Hull: Lawyers with disabilities: Who ‘looks like me’?
In a guest column, retired lawyer Kent Hull reflects on his experience as a lawyer with a disability.
Indiana Court Decisions – July 1-14, 2021
Read Indiana appellate court decisions from the most recent reporting period.
Supreme Court defines ‘patient’ to include third-party plaintiff
Does the definition of “patient” in Indiana’s Medical Malpractice Act encompass third parties? The Indiana Supreme Court, in considering a certified question from the 7th Circuit Court of Appeals, has decided the answer is “yes.” But not every justice was convinced.
7th Circuit ruling expands ministerial exception, potentially impacting Indiana high school cases
Shelly Fitzgerald and Lynn Starkey, former guidance counselors at Roncalli High School, and Joshua Payne-Elliott, a former foreign language and social studies teacher at Cathedral High School, all filed separate lawsuits against the Roman Catholic Archdiocese of Indianapolis after they were all terminated from their jobs because they are in same-sex marriages. This month’s decision from the 7th Circuit in Demkovich v. St. Andrew the Apostle Parish, 19-2142, could change the trajectory of each of those cases.
Opinions July 20, 2021
Indiana Court of Appeals
In Re: The Paternity of B.G.H.; Kelsey Morrison v. Aaron Harmon
20A-JP-2387
Juvenile paternity. Affirms the Delaware Circuit Court’s orders in a paternity action involving Kelsey Morrison and Aaron Harmon that determined Indiana was a more convenient forum than Michigan; awarded the parties joint legal custody of their son, two-year-old B.H.; awarded father parenting time in Indiana on alternating weekends; and ordered father to pay $85 per week in child support. Finds the Delaware Circuit Court did not err or abuse its discretion. Judge Elizabeth Tavitas concurs in result with separate opinion.
Biological father wins in stepfather’s bid to overturn paternity, adopt child
A stepfather seeking to vacate a paternity determination and adopt his wife’s child was not permitted to do so after the Indiana Court of Appeals concluded that the biological father’s consent to the adoption was required.