Opinions

Indiana Court of Appeals
Mike Dow and Midwest Logging and Veneer v. John Hurst and Linda Hurst
19A-PL-1709
Civil plenary. Affirms summary judgment and damages of $80,826 awarded to John and Linda Hurst in their complaint alleging trespass and conversion against Mike Dow, doing business as Midwest Logging and Veneer. The Morgan Superior Court did not err in concluding that Dow was liable for the actions of independent contractors, in its award of damages or in admitting alleged hearsay evidence.

The following 7th Circuit Court Opinion was posted after IL deadline on Thursday.
Markel Insurance Company v. Lillian Rau
19-2433
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Holly Brady.
Civil. Affirms the Northern District Court’s finding that Markel Insurance Company had no obligation to United Emergency Medical Services or its employee under the insurance policy after one of United’s ambulances crashed into a vehicle, killing Chester Stofko. Finds Lillian Rau’s argument that equity requires coverage for the ambulance is not persuasive. Finds that because Markel did not endorse a change to the policy, the ambulance was not covered. Also rejects Rau’s attempts to raise the argument Markel should be estopped from denying coverage for the ambulance as a matter of public safety.

Indiana Court of Appeals
Harold Warren v. State of Indiana
19A-PC-01604
Post conviction. Affirms the Marion Superior Court’s denial of Harold Warren’s petition for post-conviction relief on Warren’s convictions of murder and Class B felony robbery and aggregate sentence of 85 years in prison. Despite defense counsel’s inadequate investigation of an alternative suspect or follow-up on a lead that another potential suspect’s fingerprints were at the scene, the panel cannot say there was a reasonable probability the outcome of Warren’s trial would have been different because of the overwhelming evidence of Warren’s guilt presented at trial.

Indiana Court of Appeals
In the Paternity of M.S., L.S. and S.S. Maria Arriaga v. State of Indiana as Next Friend; Gabriela Ivonne De Landa, (Mother), and Samuel Salazar, (Father)
19A-JP-1595
Juvenile paternity. Reverses the St. Joseph Probate Court’s order regarding a petition for modification of custody filed by Samuel Salazar. Finds the trial court abused its discretion by denying Maria Arriaga’s motion to intervene and its finding that Arriaga was not a de facto custodian to be erroneous. Remands for the trial court to reconsider its custody modification determination and apply the relevant statutes and cases pertaining to de facto custodians. Judge Nancy Vaidik concurs in part, dissents in part.

Indiana Court of Appeals
Tony Bethel Atkins v. State of Indiana
19A-CR-00951
Criminal. Reverses and remands the Monroe Circuit Court’s grant of the state’s motion to correct error regarding the trial court’s earlier grant of Tony Atkins’ motion to suppress. Finds the trial court erred when it found that Atkins was not in custody and was not entitled to Pirtle and Miranda advisements. Finds the trial court erred by granting the State’s motion to correct error and by reversing the earlier grant of Atkins’ motion to suppress.

Indiana Court of Appeals
In the Matter of the Termination of Parental Rights of: F.F. (Minor Child), and J.F. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JT-2423
Juvenile termination. Affirms the termination of J.F.’s parent-child relationship with her child, F.F. Finds that the Madison Circuit Court did not err by finding that there is a reasonable probability that the conditions resulting in child’s initial and continued removal from mother’s care will not be remedied.

The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Forrest Perkins v. Memorial Hospital of South Bend
20S-CT-233
Civil tort. Reverses and remands the St. Joseph Superior Court’s grant of summary judgment to Memorial Hospital of South Bend against former employee Forrest Perkins. Holds that the record, as currently developed, does not support summary judgment when the hearing officer departs from the regulations by failing to provide a subpoena. Justice Geoffrey Slaughter dissents with a separate opinion.

Indiana Court of Appeals
G&G Oil Co. of Indiana v. Continental Western Insurance Company
19A-PL-01498
Civil plenary. Affirms the award of summary judgment to Continental Western Insurance Company against G&G Oil Co. of Indiana. Finds the commercial insurance policy did not include coverage for losses suffered as a result of a ransomware attack. Finds the ransomware was not covered under the policy’s computer fraud provision.

The following 7th Circuit Court of Appeals was posted after IL deadline on Thursday.
Rexing Quality Eggs v. Rembrandt Enterprises, Inc.
19-2146
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms the Southern District Court’s decision, finding that the proceedings at hand were logically part of Rexing I and that the attempt to rehash them in Rexing II was an impermissible effort at claim splitting.

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Wednesday.
Carl Castetter v. Dolgencorp, LLC
19-2026
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Theresa L. Springmann.
Civil. Affirms the district court’s summary judgment ruling in favor of Carl Castetter’s employer, Dolgencorp, on his claim of disability discrimination. Finds Castetter’s claims are insufficient to meet the level of proof that his disability following cancer treatment was the “but for” cause of his termination.

Indiana Court of Appeals
Guadalupe Pava v. State of Indiana
19A-CR-716
Affirms Guadalupe Pava’s conviction in Marion Superior Court of battery by a person at least 18 years of age resulting in bodily injury to a person less than 14 years of age as a Level 5 felony. Finds the objective reasonableness standard adopted in Willis v. State,888 N.E.2d 177 (Ind. 2008), would provide sufficient notice of what conduct crosses the line from mere discipline of a child to battery. Also finds Pava has failed to carry her burden of demonstrating that the battery statute is unconstitutionally vague as applied to her specific act of repeatedly striking P.P. with an electrical cord. Finally, finds the state submitted ample evidence to demonstrate beyond a reasonable doubt that Pava used an unreasonable amount of force, thus disproving her defense of parental privilege.

Indiana Court of Appeals
In the Matter of the Revocable Trust Agreement Created by the Settlor, Anil Kumar Sarkar, Dipa Sarkar v. Anuradha (“Mili”) Sarkar Naugle
19A-TR-1814
Trust. Affirms the Vigo Superior Court’s findings of facts and conclusions in favor of Anuradha Sarkar Naugle, concluding that the revocable trust was not created in contemplation of death and for the purpose of defeating Dipa Sarkar’s spousal elective share. Finds Dipa cannot satisfy her statutory election to take against the will from the assets in her deceased husband’s inter vivos trust.

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Friday:
Molly Joll v. Valparaiso Community Schools
18-3630
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge John E. Martin.
Civil. Reverses the grant of summary judgment to Valparaiso Community Schools on Molly Joll’s sex discrimination claim but affirms the grant of summary judgment on Joll’s age discrimination claim. Finds Joll offered evidence that would allow a reasonable jury to find that the school district used hiring procedures tilted in favor of male applicants, applied sex-role stereotypes during the interview process and manipulated the criteria for hiring in ways that were inconsistent except that they always favored male applicants. Remands for trial on the sex discrimination claim. Judge Kenneth Ripple dissents with separate opinion.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Wednesday.
DePuy Synthes Sales, Inc. v. OrthoLA, Inc.
19-2765
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms the district court’s stay of a case filed in the Southern District seeking an order to compel arbitration in a medical device distribution dispute between manufacturer DeDuy Synthes Sales and Los Angeles-area contract distributor OrthoLA, Inc. Finds that given related litigation over similar subject matter in California, the Southern District did not abuse its discretion in staying the matter until the California matter is resolved.

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline on Friday.
USA v. Sheila Geary
19-2299
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Criminal. Affirms Sheila Geary’s 57-month prison sentence and five years of supervised release for a child pornography conviction, as well as an order that she pay $55,600 in restitution jointly and severally with her husband, David Geary. Finds no clear error in the district court’s factual findings that Sheila was a but-for cause of a child’s abuse. Also finds the inclusion of the restitution amount in Sheila’s PSR was sufficient notice to her that David’s restitution amount would be used in her sentencing. Thus, finds no error in relying on the calculation from David’s sentencing to determine the amount of restitution that Sheila would owe.