Opinions

7th Circuit Court of Appeals
Cheryl Dalton v.  Teva North America, et al.
17-1990
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Richard L. Young, Judge.
Civil. Affirms summary judgment against Cheryl Dalton and in favor of Teva North America in a products liability case. Finds the district court properly applied Indiana law when it found that Dalton did not provide expert evidence on the issue of causation.

Indiana Court of Appeals
BioConvergence, LLC, and Alisa K. Wright v. Julie Menefee
53A04-1708-PL-1810
Civil plenary. Affirms the denial of attorney fees sought by BioConvergence in an investor lawsuit brought by Julie Menefee. An indemnity provision in the parties’ contract for ownership shares did not explicitly permit an award of attorney fees nor refer to the recovery of attorney fees in an indemnity action. Accordingly, reversal is not warranted.

Indiana Court of Appeals
BioConvergence, LLC, and Alisa K. Wright v. Julie Menefee
53A04-1708-PL-1810
Civil plenary. Affirms the denial of attorney fees sought by BioConvergence in an investor lawsuit brought by Julie Menefee. An indemnity provision in the parties' contract for ownership shares did not explicitly permit an award of attorney fees nor refer to the recovery of attorney fees in an indemnity action. Accordingly, reversal is not warranted.
 

Indiana Court of Appeals
Tyler Dale Knutson v. State of Indiana
12A04-1709-CR-2246
Criminal. Reverses the denial of Tyler Dale Knutson’s motion to dismiss his charge of Level 5 felony unlawful possession of a syringe. Finds the offense of unlawful possession of a syringe cannot be enhanced to a Level 5 felony based on a prior conviction pursuant to Indiana Code section 16-42-19-27, but can only be charged as a Level 6 felony. Remands with instructions to dismiss the Level 5 felony enhancement.

7th Circuit Court of Appeals
Bobbi Kilburn-Winnie and Michelle Allen-Gregory v. Town of Fortville, et al.
17-2498
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Affirms the grant of summary judgment in favor for the Town of Fortville, Fortville Waterworks and Fortville Utilities on Bobbi Kilburn-Winnie and Michelle Allen Gregory’s 14th Amendment complaint. Finds res judicata bars Kilburn-Winnie and Allen-Gregory’s claim.

Indiana Court of Appeals
Jeffery Certa v. Steak 'n Shake Operations, Inc., Mikal Gillham, and Matthew Hulett
79A05-1708-CT-1873
Civil tort. Reverses the grant of summary judgment to Steak ‘n Shake. Finds Steak ‘n Shake owed a duty to Jeffery Certa, so the Tippecanoe Superior Court erred in granting summary judgment. Remands. 

The following opinions were posted after IL deadline Thursday:
Indiana Supreme Court
In the Matter of Fronse W. Smith, Jr.
71S00-1711-DI-707
Disciplinary. Disbars Fronse W. Smith, Jr. Finds Smith engaged in attorney misconduct by committing the crime of intimidation after he threatened to kill his estranged wife with an ax.

Indiana Court of Appeals
Gerald G. Gray v. Medical Licensing Board of Indiana
26A01-1707-PL-1595
Civil plenary. Affirms the denial of Dr. Gerald Gray’s petition for judicial review of a Medical Licensing Board of Indiana order indefinitely suspending his medical license. Finds substantial evidence supports the suspension.

The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
In the Matter of Stephen W. Schuyler
18S-DI-184
Disciplinary. Disbars Stephen Schuyler. Finds Schuyler engaged in attorney misconduct by stealing hundreds of thousands of dollars from six supervised estates, failing to comply with court orders and failing to cooperate with the disciplinary process.

Indiana Court of Appeals
Lakesha L. Norington (aka) Shawntrell H. Norington v. State of Indiana (mem. dec.)
49A05-1707-PC-1966
Post-conviction. Affirms the denial of Lakesha Norington’s petition for post-conviction relief. Finds Norington did not follow the procedure for filing a successive petition.

The following opinions were posted after IL deadline on Friday:
7th Circuit Court of Appeals
Carleton Harris v. Allen County Board of Commissioners
17-2577
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Theresa L. Springmann.
Civil. Affirms the grant of summary judgment in favor of the Allen County Board of Commissioners on Carleton Harris’ complaint for alleged violations of the Americans with Disabilities Act. Finds Harris failed to present adequate evidence to show the board was his employer for the purpose of the complaint.

The following opinions were posted after IL deadline on Thursday:
7th Circuit Court of Appeals
Frederick A. Laux v. Dushan Zatecky
16-3282
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Affirms the denial of Frederick A. Laux’s petition for writ of habeas corpus. Finds the state courts’ conclusion that Laux received effective assistance of counsel was not unreasonable.

Indiana Court of Appeals
Pausides Alayo v. State of Indiana (mem. dec.)
09A02-1712-CR-2800 
Criminal. Affirms the revocation of Pausides Alayo’s probation. The Cass Superior Court did not abuse its discretion in revoking Alayo’s probation and the evidence was sufficient to support his conviction.

Indiana Court of Appeals
Cameron Hunter v. State of Indiana
43A03-1711-CR-2633
Criminal. Reverses Cameron Hunter’s contempt finding and sanction of 180 days in jail for violation of a condition of bail, finding the trial court abused its discretion by imposing a punitive contempt sanction when the appropriate remedy was to revoke his bail.

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of B.W., Minor Child, and A.T., Mother v. The Indiana Department of Child Services (mem. dec.)
32A01-1709-JT-2041
Juvenile termination of parental rights. Affirms the termination of mother A.T.’s parental rights to her minor child, B.W. The evidence is sufficient to support the Hendricks Superior Court’s best interests determination.

Indiana Court of Appeals
Estate of Zachary D. Staggs by and through his Personal Rep., Denise Coulter, et al. v. ADS Logistics Co., LLC
64A03-1708-CT-1961
Civil tort. Affirms the grant of summary judgment to ADS Logistics Co., LLC. Finds the Porter Superior Court did not err.

Indiana Court of Appeals
State of Indiana v. Beth A. Neff
18A02-1708-IF-1933
Infraction. Reverses the entry of judgment in favor of Beth A. Neff and against her removal from office as Yorktown clerk-treasurer. Affirms the denial of Neff’s motion to dismiss. Finds the Delaware Circuit Court erred when it determined Neff’s removal was not warranted under the Indiana Constitution and Removal Statute because Neff neglected to properly reconcile the town’s financial records for 48 consecutive months. Also finds the trial court did not abuse its discretion when it denied Neff’s motion to dismiss. Remands.

7th Circuit Court of Appeals
Anthony Mimms v. CVS Pharmacy, Incorporated
17-1918
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt
Reverses and remands in part the jury award of $1.025 million to Dr. Anthony Mimms against CVS Pharmacy. The district court erred in failing to grant summary judgment to CVS on three of four allegedly defamatory statements about Mimms tried to the jury, and CVS is entitled to a new trial on the fourth statement.

Indiana Court of Appeals
Jerold W. Leatherman v. State of Indiana
47A04-1711-CR-2711
Criminal. Affirms Jerold Leatherman’s conviction of Class C misdemeanor possession of paraphernalia. Reverses Leatherman’s conviction of Level 6 felony maintaining a common nuisance. Finds the state provided sufficient evidence to support Leatherman’s Class C misdemeanor conviction but failed to provide sufficient evidence that the vehicle Leatherman drove had been used on multiple occasions for the delivery of a controlled substance, an essential element of the crime of maintaining a common nuisance.

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Monday:
Brian Valenti v. Connie Lawson, et al.
17-3207
Appeal 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 in favor of Connie Lawson in her official capacity as Indiana Secretary of State and the other state defendants on Brian Valenti’s claim that the state violated his right to vote by refusing to let him enter a polling site located at a school. Finds Indiana has demonstrated a rational relationship between Indiana Cdoe section 35-42-4-14(b) and the stated purpose of keeping serious sex offenders away from children on school property. Also finds the district court erred in applying a constitutional balancing test, rather than statutory rational basis review.