Opinions

The following 7th Circuit Court opinions were posted after IL deadline Thursday.
ARC Welding Supply, Co. Inc. v. American Welding & Gas, Inc.
18-1546
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Richard L. Young.
Civil. Affirms the Southern District Court’s entry of judgment in favor of American Welding & Gas Inc. and the award of damages in the amount of $33,765.52, plus interest. Finds the court did not err in basing its damage award on a $125 cylinder valuation. Also finds American’s agreement with ARC Welding Supply Co. does not contain language that would require its audit to be completed within 180 days, nor that $150,000 be owed to ARC if American fails to complete the audit by that deadline.

The following 7th Circuit Court opinion was posted after IL deadline Wednesday.
Red Barn Motors, Inc. v. NextGear Capital, Inc.
18-1409
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Vacates the Southern District Court’s decision to rescind class certification for Red Barns Motors’ numerous claims against NextGear Capital, including breach of contract, constructive fraud and RICO violations and conspiracy. Finds the district court’s denial of the class certification lacks sufficient reasoning and explanation. Remands for further proceedings.

Indiana Court of Appeals
State of Indiana v. D.R.
18A-JV-1608
Juvenile. Affirms the Vigo Circuit Court’s denial of the state’s motion to waive D.R. to adult court on an allegation that he committed what would be Level 5 felony reckless homicide if committed by an adult. The trial court’s determination that D.R. overcame the presumption of waiver is not against the facts and circumstances of the case. Denies D.R.’s motion to dismiss the state’s interlocutory appeal, finding the state was permitted to appeal the denial of waiver under the circumstance of the case.

7th Circuit Court of Appeals
Danny Ray v. Nancy Berryhill
18-2229
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Magistrate Judge Matthew P. Brookman.
Civil. Vacates the denial of supplemental security income and disability insurance benefits to Danny Ray, finding an administrative law judge erroneously discredited Ray, failed to treat his prior job as “composite,” and improperly assessed his functional abilities compared to the job requirements for a bus monitor in the general economy. Remands to the U.S. District Court for the Southern District of Indiana with instructions to remand the case to the Social Security Administration for further proceedings.

The following 7th Circuit Court opinion was posted after IL deadline Friday.
Ronnie L. Winsted, Jr. v. Nancy A. Berryhill
18‐2228
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Magistrate Judge Mark J. Dinsmore.
Civil. Remands the denial of Ronnie Winsted’s application for disability insurance benefits and supplemental security income. Finds the administrative law judge did not consider Winsted’s difficulties with concentration, persistence, and pace. Finds the ALJ did not adequately explain how the limitations he placed on Winsted’s residual functional capacity accounted for his concentration-functioning difficulties. Remands to the Social Security Administration.

Indiana Court of Appeals 
Bryan Alexander, Karl Cameron, William Love, Charlie Lovins, Kevin McMurray and Matt Oelker, on behalf of themselves and all others similarly situated v. Linkmeyer Development II, LLC, et al.
18A-PL-311
Civil plenary. Affirms the denial of a motion for summary judgment brought by a class of laborers formerly employed by Linkmeyer Development II, LLC and its members Steve Linkmeyer and Brian Bischoff and the partial grant of summary judgment to Linkmeyer Development, Linkmeyer and Bischoff on an unjust enrichment claim. Also affirms the partial denial of Linkmeyer Development, Linkmeyer and Bischoff’s summary judgment motion on claims brought under Indiana wage laws. Finds the Dearborn Circuit Court did not err. Judge John Baker concurs in part and dissents in part with separate opinion

Indiana Court of Appeals 
Rickey D. Haines v. State of Indiana (mem. dec.)
18A-CR-2113
Criminal. Affirms Rickey Haines’ 14-year sentence for Level 3 felony criminal confinement. Finds the Brown Circuit Court did not abuse its discretion in resentencing Haines by considering convictions he obtained after his original sentencing. Also finds that because Haines invited any alleged error by arguing the court could consider his testimony about his behavior while incarcerated between his first and second sentencing hearings, he cannot raise the alleged error on appeal.

Indiana Court of Appeals
Dominique Morrison v. State of Indiana (mem. dec.)
18A-CR-1535
Criminal. Affirms Dominique Morrison’s conviction of resisting law enforcement as a Class A misdemeanor. Finds any alleged error in the admission of challenged testimony was harmless in light of other substantial independent evidence of Morrison’s guilt.

Indiana Court of Appeals 
Charles J. Davis Sr. v. Bartholomew County Clerk (mem. dec.)
18A-PL-1797
Civil plenary. Affirms the denial of Charles Davis, Sr.’s request for a civil penalty against the Bartholomew County clerk. Finds the Indiana public access counselor did not instruct the clerk to allow access to the requested records, so Davis was not entitled to recover a civil penalty. Also finds Davis waived his argument that because the clerk provided him with a redacted copy of a juror payment list, the clerk was required to produce all records as requested. Finally, finds Indiana Jury Rule 10 does not apply to Davis’ request.  

Indiana Court of Appeals 
Jabreeh Cash Davis-Martin v. State of Indiana
71A05-1712-CR-2963
Criminal. Affirms Jabreeh Cash Davis-Martin’s murder conviction and his 65-year sentence. Finds the delayed admission of cellphone records was not a Brady violation. Also finds the St. Joseph Superior Court did not err in instructing the jury, and the state did not violate Davis-Martin’s Fifth Amendment rights. Finally, finds there was sufficient evidence to support Davis-Martin’s conviction, and his sentence is not inappropriate. 

7th Circuit Court of Appeals 
Mack Sims v. William Hyatte
18-1573
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Civil. Reverses the denial of Mack Sims’ habeas petition. Finds the state committed a Brady violation when it withheld evidence that the victim, Shane Carey, identified Sims after being hypnotized. Judge Amy Coney Barrett dissents with separate opinion. 

Indiana Court of Appeals
John L. Solomon v. State of Indiana
18A-CR-2041
Criminal. Affirms John Solomon’s conviction of Class B misdemeanor possession of marijuana, finding that the conviction is not a violation of his rights to liberty and pursuit of happiness under Article 1, Section 1 of the Indiana Constitution.

Indiana Court of Appeals
Robert Walker and Patricia Walker v. Megan (Buckner) Knight; Robert Walker and Patricia Walker v. Ashley Erin Carpenter
18A-MI-1768
Miscellaneous. Reverses the summary judgment orders entered in Hamilton Superior Court in favor of Megan Knight and Ashley Carpenter on Robert and Patricia Walker’s petition for grandparent visitation with C.W. and J.W. Finds the parties’ agreement to wait until stepfather’s adoptions were finalized before discussing grandparent visitation matters to be clear, unambiguous and fully understood by all parties. Remands for further proceedings on the petitions for grandparent visitation.

Indiana Court of Appeals 
C.S. v. T.K.
18A-PO-1566
Protection order. Reverses the Howard Superior Court’s issue of a protective order for T.K. against C.S. Finds there is insufficient evidence to support the issuance of the protective order and a finding of stalking, as only one of three encounters between T.K. and C.S. included sufficient evidence of harassment. 

The following opinions were posted after IL deadline Friday:
7th Circuit Court of Appeals
Brenda Lear Scheidler v. State of Indiana, et al.
17-2543
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Affirms the grant of summary judgment for the state of Indiana on Brenda Lear Scheidler’s claims of sex- and disability-based discrimination and failure to accommodate and full summary judgment to Indiana Department of Insurance Commission Stephen W. Robertson, and the exclusion of evidence related to Donna Thomas. Finds the district court did not commit reversible error.

Indiana Court of Appeals
Morgan K. Govan v. State of Indiana
18A-CR-708
Criminal. Affirms Morgan K. Govan’s conviction of possession of cocaine or narcotic drug as a Level 4 felony, the determination that he is a habitual offender and his aggregate 30-year and 183-day sentence. Finds the Allen Superior Court did not err in admitting into evidence the heroin found on Govan after his arrest. Also finds any abuse of the trial court’s sentencing discretion was harmless because Govan’s sentence is not inappropriate.

The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
Q.D.-A., Inc. v. Indiana Department of Workforce Development
19S-EX-43
Agency action. Reverses the finding that Q.D.-A. should have classified its driver as an employee, not an independent contractor. Finds the liability administrative law judge unreasonably concluded the driver was Q.D.-A.’s employee under the Unemployment Compensation Act when the driver was not under Q.D.-A.’s control or direction, performed a service outside Q.D.-A.’s usually course of business and ran an independently established business. Justice Geoffrey Slaughter concurs in result without separate opinion.

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Tuesday:
Charlotte Robinson and Bobby Don Bowersock as co-personal representatives of the Estate of Georgia J. Bowersock, deceased, and Mark Bowersock, individually v. Davol Inc. and C.R. Bard, Inc.
17-2068
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Larry J. McKinney.
Civil. Affirms the grant of summary judgment to Davol Inc. and C.R. Bard, Inc. on a claim brought by the estate of Georgia Bowersock, who died after a Bard-manufactured surgical mesh patch was implanted in her body. Finds the novel theory of causation presented by the estate’s expert was not peer-reviewed, professionally presented, consistent with Bowersock’s medical records or autopsy or substantiated by other cases. Also finds the judge did not abuse his discretion in excluding the expert testimony.

Indiana Court of Appeals 
In the Matter of L.N., Jr., a Child Alleged to be a Child in Need of Services; C.N. (Mother) and L.N., Sr. (Father) v. Indiana Department of Child Services
18A-JC-1666
Juvenile CHINS. Reverses the Allen Superior Court’s adjudication of L.N.,Jr. as a child in need of services. Finds there is insufficient evidence to prove that L.N., Jr. was seriously endangered as a result of his parents’ mental health issues. Also finds that future concerns for his safety are not enough to support a CHINS determination. 

Indiana Court of Appeals 
Buddy & Pals III, Inc., Buddy & Pals II, Inc., Buddy & Pals Inc., Timothy Heidbreder, and William Frank Bailey, Jr. v. Christopher Falaschetti
18A-CT-1811
Civil tort. Affirms the denial of summary judgment to Buddy & Pals III, Inc. on Christopher Falaschetti’s negligence claim after he was punched by William Bailey upon Bailey’s ejection from the bar. Finds the bar had a duty to take precautions to protect its other patrons because Bailey’s violence was foreseeable.