Opinions

7^th Circuit Court of Appeals
United States of America v. Steven J. Heck
23-2384
Criminal. Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Holly Brady. Affirms Steven Heck’s convictions and sentence of life imprisonment in district court for distributing methamphetamine during the controlled buys, operating his home for the purpose of distributing a controlled substance, possessing methamphetamine and fentanyl with intent to distribute and possessing a firearm and possessing a firearm while a felon. Finds the district court had little trouble concluding that Hecke credibly threatened violence in order to invoke fear in the recipients and ensure their compliance. Also finds the district court did not clearly err when finding that Hecke had directed at least one other person in the drug trafficking operation. Attorneys for appellant: Stanley Campbell, Michael Rayfield, Robert McClendon. Attorneys for appellee: David Hollar, Nathaniel Whalen.

7^th Circuit Court of Appeals

Chicago Wine Co., et al. v. Mike Braun, Governor of Indiana; Theodore Rokita, Attorney General of Indiana; and Jessica Allen, Chairwoman of the Indiana Alcohol and Tobacco Commission
21-2068
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.  Affirms the district court’s summary judgment order for Indiana state officials after Chicago Wine Company sued the state over a law that prevent retailers of alcoholic beverages located outside the state from shipping wine to Indiana consumers. Finds Indiana’s retail-premises requirement does not discriminate by either the source of the beverages or the state citizenship of the proprietor. Also finds Chicago Wine has not come forward with sufficient evidence to demonstrate that the common carrier ban imposes such a heavy burden on interstate commerce as to overcome the state’s legitimate interest in combatting underage drinking. Judge Frank Easterbrook and Judge Michael Scudder concur with separate opinions. Attorneys for appellants: James Tanford, Robert Epstein, James Porter II. Attorneys for appellees: John Herriman, Aaron Craft, Jefferson Garn, Michael Maxwell Jr., Benjamin Jones.

Indiana Court of Appeals
Kimberly A. White v. Town of Plainfield, Indiana
24A-PL-1690
Civil plenary. Affirms the Hendricks Superior Court’s order in Plainfield’s favor, permanently enjoining Kimberly White from using Plainfield’s registered Mark in any manner. Finds the Mark does not consist of or comprise the flag or “other insignia” of Plainfield and therefore falls outside of Indiana Code Section 24-2-1-3(3)(B)’s bar on registering such marks. Also finds the trial court’s determination that White infringed on Plainfield’s trademark rights was not clearly erroneous and the trial court therefore properly enjoined White from continuing to use the Mark. Attorneys for appellant: Sean Burke, Jeffery Furminger. Attorneys for appellee: Melvin Daniel, Jeffrey Parker, Vivek Hadley.

7^th Circuit Court of Appeals
Choaen Consulting, LLC, doing business as Chosen Healthcare, et. al. v. Town Council of Highland, Indiana, et al.
24-2714
Civil. Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip Simon. Affirms the district court’s granting of summary judgment to the Town of Highland. Finds Chosen Healthcare’s claim for injunctive relief under the Americans with Disabilities Act and the Rehabilitation Act is not ripe for review. Also finds until Chosen has properly pursued the town’s approval and the town has decided whether it will permit Chosen’s proposed use of the property, this dispute is not ripe. Attorneys for appellants: Libby Goodknight, Shelley Jackson, Matthew Branic. Attorneys for appellees: Anthony Overholt, John Reed, Darren Craig, Amy Johnson.

Indiana Supreme Court
In the Matter of Christopher Phillips
25S-DI-49
Attorney disciplinary action. Finds that Christopher Phillips of West Lafayette engaged in attorney misconduct by, among other things, charging unreasonable fees in estate matters and mismanaging his attorney trust account. Also finds that Phillips should be suspended from the practice of law for 180 days, with 120 days actively served and the balance stayed subject to successful completion of at least three years of probation with monitoring by a certified public accountant. Attorney for respondent: James Bell. Attorneys for Indiana Supreme Court Disciplinary Commission: Adrienne Meiring, Stephanie Bibbs, Victoria Thomas.

Indiana Court of Appeals
J.J. v. State of Indiana
25A-JV-481
Juvenile. Dismisses J.J.’s appeal of the Jennings Circuit Court’s finding that he had violated his probation and ordered him to report to the Indiana Department of Correction housing at the Logansport Juvenile Correctional Facility. Finds J.J. is precluded from challenging the validity of the agreed modification on direct appeal. Attorney for appellant: Benjamin Loheide. Attorneys for appellee: Attorney General Todd Rokita, Rebekah Bennett.

Indiana Court of Appeals
Antwan White, et. al. v. American Legion Post #354, Inc., et. al.
24A-CT-1043
Civil tort. Affirms Vanderburgh Superior Court Judge Mary Lloyd’s  order granting summary judgment to The American Legion, Inc. , The American Legion-Indiana Branch,  American Legion Auxiliary and American Legion Auxiliary Department of Indiana, Inc. on Antwan White, Mika McBaine, Mikeal McBaine, and Sheree Fairrow ‘s claims of negligence, dram shop, and maintaining an unreasonably dangerous business activity or nuisance. Finds the plaintiffs failed to come forward with evidence establishing the existence of genuine issue of material fact. Also finds that the trial court did not err in granting summary judgment in favor of the Legion defendants because there was no genuine issue of material fact as to whether they could be held vicariously liable for the conduct of Post #354 and no genuine issue of material fact supported the piercing of the corporate veil. Attorneys for appellants: Brandon Danks, Rick Cory. Attorneys for appellees: Justin Sorrell, Katherine Haire, Trenton Gill, John Kreighbaum, Danny Glass, Kimberly Howard.

Indiana Court of Appeals
Dewight Allen v. Anonymous Physician, Anonymous Provider 1, and Anonymous Provider 2
24A-CT-2260
Civil tort. Affirms the Allen Superior Court’s denial of Dewight Allen’s petition for a preliminary determination of law, seeking a default judgment as a sanction for Providers’ alleged violations of Indiana’s Medical Malpractice Act. Finds that the trial court’s decision to decline Allen’s request to enter the extreme sanction of a default judgment against the providers was not an abuse of discretion. Judge Elaine Brown dissents with separate opinion. Attorneys for appellant: Michael Simmons, Hannah Brady. Attorney for appellees: Benjamin Ice.

7^th Circuit Court of Appeals
Heather Schroeder and Misty Tanner v. Progressive Paloverde Insurance Company and Progressive Southeastern Insurance Co.
24-1559
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson. Reverses the district court’s class certification order for a group of Indiana car owners insured by Progressive Paloverde Insurance Company and Progressive Southeastern Insurance Company (whose cars Progressive deemed total losses after collisions. Finds the district court’s class certification decision rested on an erroneous interpretation of Progressive’s Indiana auto insurance policy. Remands for further proceedings consistent with this opinion. Multiple attorneys listed for both appellants and appellees.

Indiana Court of Appeals
Quadir Quiroz v. State of Indiana
24A-CR-2649
Criminal. Affirms Quadir Quiroz’s murder conviction in St. Joseph Superior Court. Finds that Tavian Logan’s testimony was unavailable and that his testimony’s unavailability was brought about by Quiroz and/or others acting on his behalf. Also finds the trial court did not abuse its discretion by declaring the  witness unavailable under Evidence Rule 804(a)(3) and 804(b)(5). Attorney for appellant: A. Robert Masters. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Alexandria Sons.

Perry County, Indiana; The Board of Commissioners of the County of Perry (Indiana); Randy Cole; Randy Kleaving; Rebecca Thorn v. Keith D. Huck
24S-PL-297
Civil plenary. Reverses the Perry Circuit Court’s temporary injunction order in favor of Keith Huck in his complaint seeking the immediate reinstatement of his insurance coverage by Perry County. Finds Huck has not shown by a preponderance of the evidence that he is likely to succeed on the merits. Also finds the trial court, therefore, abused its discretion in issuing a preliminary injunction. Vacates the preliminary injunction and remands for further proceedings consistent with this opinion. Chief Justice Loretta Rush concurs in the judgment with separate opinion. Justice Christopher Goff dissents with separate opinion. Attorneys for appellant: Anthony Overholt, Maggie Smith, Alexander Will. Attorneys for appellee: Keith Vonderahe, Robert Burkart, Dirck Stahl.

Indiana Court of Appeals
Michael Parker v. Indiana State Prison
24A-SC-1197
Small claims. Affirms the LaPorte Superior Court’s small claims judgment that the Indiana State Prison did not owe Michael Parker damages for his lost wedding band. Finds the small claims court did not clearly err when it did not award Parker damages for his lost wedding band. Reverses the judgment that the prison owed no damages for personal property Parker purchased from NASCO or the prison commissary. Finds that the small claims court clearly erred when it had awarded Parker $0 in damages. Remands with instructions to the small claims court to enter a damages amount representing the fair market value of the lost personal property based on the replacement cost of these items if purchased from NASCO or the prison commissary. Appellant, pro se: Michael Parker. Attorneys for appellee: Attorney General Todd Rokita, Supervising Deputy Attorney General Evan Comer.

7^th Circuit Court of Appeals
Malcolm Wilson v. Angelita Castaneda
22-3068
Prisoner. Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Jon DeGuilio. Affirms the district court’s dismissal of Malcolm Wilson’s pro se complaint against Indiana Department of Correction Lt. Angelita Castaneda at the screening stage under 28 U.S.C. § 1915A and the court’s later denial of his motion for reconsideration. Finds that Wilson’s disciplinary hearing did not violate the due process requirements of the 14^th Amendment. Also finds Castaneda’s restitution order was supported by Wilson’s statements, video evidence of the incident, and the conduct reports of the staff which stated the injured inmate had to be transferred to an outside hospital. Judge Candace Jackson-Akiwumi dissents with a separate opinion. Attorney for appellant: Michael Lindinger. Attorney for appellee: Robert Yoke. 

Indiana Court of Appeals
Allianz Global Risks US Insurance Company v. Technicolor USA, Inc., et al.
24A-PL-1522
Civil plenary. Affirms the Marion Superior Commercial Court’s granting of partial summary judgment for Technicolor on the issue of coverage under the Umbrella Policies and its order to Allianz to defend Technicolor and reimburse costs Technicolor incurred defending itself in the Second Class Action. Finds neither the known loss doctrine nor the deemer clauses in the Umbrella Policies preclude coverage for Technicolor’s defense costs and attorneys’ fees for the Second Class Action. Also finds Allianz owes a duty to indemnify Technicolor for fees and costs associated with Technicolor S.A. Also finds the Commercial Court did not abuse its discretion by ordering prejudgment interest on Technicolor’s attorneys’ fee invoices, calculated from the date the invoices were due. Finally, finds Allianz is obligated to pay costs related to Technicolor’s arbitration proceedings. Attorneys for appellant: Katherine Haire, Lyndsay Ignasiak, John O’Malley. Attorneys for appellees: George Plews, Sean Hirschten, Ryan Leagre.

Indiana Court of Appeals
Ethane Potts v. State of Indiana
24A-CR-2072
Criminal. Affirms Ethane Potts’ convictions in St. Joseph Superior Court for one count of rape by sexual intercourse and one count of rape by “other sexual conduct,” as well as his sentence of 22 years, with 18 years to serve and four years suspended to probation. Finds rape by sexual intercourse and rape by “other sexual conduct” are separate criminal acts even when committed during a single episode. Also finds nothing about the nature of the offenses makes Potts’s sentence inappropriate. Attorneys for appellant: James Voyles, Jr., Tyler Helmond. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Ellen Meilaender.

Indiana Court of Appeals
Holcim (US) Inc. v. ACMS Group, Inc.
24A-PL-2458
Civil plenary. Affirms Lake Superior Court Judge John Sedia’s ruling that Holcim Inc. had breached its agreement with ACMS Group, Inc. for jobsite cleaning and awarded ACMS direct and consequential damages, prejudgment interest, and attorney’s fees totaling almost $6 million. Finds that taken as a whole, the record supports an inference that the damages caused to ACMS by Holcim’s nonpayment of contract and other extra costs were reasonably foreseeable. Also finds that the trial court did not err in finding that Holcim had breached the terms of the agreement. Attorney for appellant: Jeff Carroll. Attorneys for appellee: Stephen Maish, Patrick Mysliwy.

Indiana Court of Appeals
In the Matter of the Revocable Trust of John R. Mohr and Maxine Mohr Dated June 5, 2003 and Restated Dated December 23, 2021 and In the Matter of the Estate of John R. Mohr; Angel M. Mohr v. Star A. Johnston
25A-TR-59
Trust. Affirms Allen Superior Court Magistrate Phillip Houk’s granting of summary judgment to Star Johnston and the trial court’s denial of Angel Mohr’s cross motion for summary judgment in actions involving the supervised estate of John Mohr and the Revocable Trust of John Mohr and Maxine Mohr. Finds that the father’s will’s no contest provision was not triggered, and the trial court did not err by granting Johnston’s motion for summary judgment or by denying Mohr’s cross motion for summary judgment. Attorney for appellant: Andrea Ciobanu. Attorneys for appellee: Jeffrey Clark, Madison Heiney, Garrett McNamee.

7^th Circuit Court of Appeals
Michael Dewayne Lairy v. United States of America
23-2957
Prisoner. Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard Young. Vacates the district court’s denial of Michael Lairy’s petition for a writ of habeas corpus under 28 U.S.C. § 2255, claiming in part that he did not qualify for the Armed Career Criminal Act’s mandatory 15-year sentence and that his counsel was ineffective for failing to raise this issue. Finds the district court abused its discretion by rejecting equitable tolling without first conducting an evidentiary hearing. Remands to the district court to conduct an evidentiary hearing on equitable tolling. Attorney for appellant: Jacob Leon. Attorneys for appellee: Brian Reitz, Pamela Domash.

Indiana Court of Appeals
Tim Kinder v. Elena Kinder
24A-DN-1079
Domestic relations without children. Reverses Monroe Circuit Court Judge Emily Salzmann’s dissolution order for the marriage of Tim and Elena Kinder. Finds that while the trial court acted within its broad discretion by determining the division of some assets individually, it entered an internally inconsistent order and committed several mathematical errors in its division of the marital estate. Remands for recalculation of the division of the estate in a manner not inconsistent with this opinion. Attorney for appellant: Kendra Gjerdingen. Attorney for appellee: Glen Koch II.