Opinions

Indiana Court of Appeals
Angela Brewer, Individually and as Personal Representative of the Estate of Rickey A. Brewer, Deceased v. PACCAR, Inc. d/b/a PETERBILT MOTORS CO.
55A05-1709-CT-2168
Civil tort. Reverses the grant of summary judgment in favor of Peterbilt Motors Company and the denial of Angela Brewer’s motion for partial summary judgment. Finds Brewer designated sufficient evidence for summary judgment purposes that there were several safety features Peterbilt reasonably could have incorporated into its glider kits that might have prevented Rickey Brewer’s death. Also finds Rickey Brewer was a “consumer” of Peterbilt’s product for purposes of the Indiana Product Liability Act. Remands for further proceedings. Judge Paul Mathias concurs with separate opinion.

The following Indiana Supreme Court opinions were posted after IL deadline Friday:

In re the Adoption of E.B.F., J.W. v. D.F.
18S-AD-167
Adoption. Grants transfer and reverses the petition to adopt E.B.F. without J.W., his mother’s, consent. Finds the totality of J.W.’s circumstances justified her failure to communicate with her child for a one-year period. Also finds M.F., the father, and D.F., the stepmother’s, unwillingness to abide by the custody modification frustrated J.W.’s ability to communicate. Finally, finds J.W.’s consent was necessary to grant the adoption petition. Remands for further proceedings. Justice Geoffrey Slaughter dissents with separate opinion joined by Justice Mark Massa.

7th Circuit Court of Appeals
Robin Austin v. Walgreen Company
17-2629
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge John E. Martin.
Civil. Affirms the grant of summary judgment to Walgreen Co. Finds Robin Austin failed to prove Walgreen had actual or constructive knowledge of a hazard on its premises after she slipped and fell in a Hebron store.

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Wednesday.

Freedom From Religion Foundation v. Concord Community Schools
17-1591, 17-1683
Appeals from the U.S. District Court for the Northern District of Indiana, South Bend Division. Judge Jon E. DeGuilio.
Civil. Affirms District Court ruling that the Concord Community Schools’ 2015 “Christmas Spectacular” show, modified to de-emphasize Christian elements in the 2014 show, did not violate the Establishment Clause of the Constitution. Judge Frank Easterbrook concurs in a separate opinion. 

Indiana Court of Appeals
R. Kinsey Brooks, Susan K. Brooks v. Bank of Geneva
01A05-1709-MF-2174
Mortgage foreclosure. Reverses the grant of summary judgment in favor of Bank of Geneva on the denial of R. Kinsey Brooks and Susan Brooks’ motion for summary judgment. Finds the mortgage on the Brookses’ property should have been released as a matter of law. Remands with instructions for the mortgage on the property to be released and for consideration of the Brookses’ abuse of process claim.

Indiana Court of Appeals
Dustin McCarty v. State of Indiana
84A04-1707-CR-1599
Criminal. Reverses the probationary conditions imposed on Dustin McCarty after he was sentenced to 2½ years, with 290 days executed and the remainder suspended to probation, for Class D felony battery by bodily waste and Class A misdemeanor resisting law enforcement. Finds the Vigo Superior Court committed harmless error when it failed to provide McCarty with written conditions of probation at sentencing. Remands with instructions.

Indiana Court of Appeals

Jennifer Schooler v. State of Indiana
69A01-1706-CR-1254
Criminal. Affirms Jennifer Schooler’s convictions for murder and Level 6 felony neglect of a dependent and her sentence to 67 ½ years. Finds the evidence is sufficient to show Schooler was the one who inflicted fatal brain injuries on her boyfriend’s 3-year-old son. Also finds Schooler’s sentence is not inappropriate.

Indiana Court of Appeals

Steven Wade Childress v. State of Indiana
48A02-1707-CR-1658
Criminal. Affirms Steven Wade Childress’ conviction for Level 3 felony armed robbery. Finds the Madison Circuit Court did not err in rejecting Childress’ Batson claim that the prosecutor’s peremptory challenge to a potential juror was improperly based on the juror’s race.

The following Indiana Supreme Court opinion was issued after IL deadline Wednesday.
In the Matter of the Honorable Dean A. Young, Judge of the Blackford Circuit Court
05S00-1706-JD-430
Judicial discipline. Suspends Blackford Circuit Judge Dean Young for six days without pay for judicial misconduct stemming from his issuance of a restraining order barring former county clerk Derinda Shady from the courthouse. Young is also ordered to pay the costs of the proceedings by the Indiana Commission on Judicial Qualifications.

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Tuesday:

United States of America v. Timothy Ryan
16-4048
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Criminal. Affirms Timothy Ryan’s convictions of possessing, receiving and distributing child pornography. Finds the district court did not abuse its discretion in denying Ryan’s motion to substitute counsel. Also finds the record supported Ryan’s distribution conviction and his related sentencing enhancement. Finally, finds the government’s violation of Federal Rule of Criminal Procedure 32.2(b)(5)(A) was harmless error.

The following 7th Circuit Court of Appeals opinion was issued after IL deadline Monday.

Indiana Electrical Workers Pension Benefit Fund, et al. v. ManWeb Services, Inc.
16-2840
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Reverses grant of summary judgment in favor of ManWeb. Vacates and remands for further consideration of the equitable determination of whether ManWeb bears successor liability for its predecessor’s withdrawal of pension benefit money. Judge Daniel Manion concurs with separate opinion.

The following Indiana Supreme Court opinion was issued after IL deadline Friday.

T.H. v. State of Indiana
18S-JV-80
Juvenile. Affirms T.H.’s adjudication as a delinquent but remands to reduce the trial court’s criminal mischief finding from a Class A to a Class B misdemeanor. The state failed to produce sufficient evidence to prove beyond a reasonable doubt that his actions resulted in at least $750 in loss. Remands to the trial court to modify its records to show T.H. committed an act that would be criminal mischief as a Class B misdemeanor.  

The following 7th Circuit Court of Appeals opinions were posted after IL deadline on Thursday:

Dawne A. Sanzone, Personal Representative of the Supervised Estate of Keith R. Koster, Deceased v. James Gray, in his official and individual capacities
17-2103
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Reverses the denial of Indianapolis Metropolitan Police Department Officer James Gray on Dawne Sanzone’s Fourth Amendment excessive force claim. Finds Gray acted reasonably when Keith Koster pointed a gun at him and fellow offices, so he did not violate the Fourth Amendment and is entitled to qualified immunity. Remands with instructions to enter judgment for Gray.

Indiana Court of Appeals

Arkla Industries, Inc., et al. v. Columbia Street Partners, Inc. and Columbia Street Partners Remediation Trust
87A01-1709-CC-2140
Civil collection. Reverses the denial of CenterPoint Energy, Inc.’s motion to transfer the case to a preferred venue pursuant to Indiana Trial Rules 12 and 75. Finds the Warrick Circuit Court’s order denying CenterPoint’s motion was clearly erroneous because CenterPoint made a proper motion raising the defense of improper venue. Remands for the trial court to grant the motion and transfer the case to a preferred venue.

7th Circuit Court of Appeals
Akeem Daniels, Cameron Stingily, and Nicholas Stoner v. FanDuel, Inc., and DraftKings, Inc.
17-3051
Appeal from the United State District Court for the Southern District of Indianapolis, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Certifies the case to the Indiana Supreme Court pursuant to Indiana Rule of Appellate Procedure 64. Finds there is a dearth of state caselaw regarding right-to-publicity cases involving athletes.

The following Indiana Court of Appeals opinion was posted after IL deadline Monday:
CTB, Inc. and CTB, Inc. d/b/a CTB Logistics v. Justin Tunis and Nichole Tunis
17A-CT-3066
Civil tort. Reverses the denial of CTB, Inc.’s motion to transfer a case brought by Justin and Nicole Tunis to Kosciusko County. Finds a corporation’s “principal office” for purposes of Indiana Trial Rule 75(A)(4) is its “registered office” under Indiana’s corporation law, so CTB’s principal office is in Kosciusko County. Remands for further proceedings.

Indiana Court of Appeals

Q. D.-A., Inc. v. Indiana Department of Workforce Development
93A02-1703-EX-556
Agency. Reverses a Liability Administrative Law Judge’s determination that a claimant was an employee of A.D.-A., Inc. rather than an independent contractor, making Q.D.-A. liable to the state for unemployment insurance taxes. Finds the LALJ’s determination that claimant was not free from the company’s control and direction was contrary to the substantial evidence. Also finds the LALJ’s determination that the claimant performed services that are within with company’s usual course of business was contrary to the substantial evidence. Finally, finds the claimant was customarily engaged in an independently established trade, occupation, profession or business of transporting commodities. Judge Melissa May dissents with separate opinion.

7th Circuit Court of Appeals
John Doe, formerly known as Jane Doe v. Eric Holcomb, in his official capacity as Governor of the State of Indiana, et al.
17-1756
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus-Stinson. Affirms the dismissal of John Doe’s case alleging the citizenship requirement in Indiana’s name-change statute is unconstitutional. Finds the 11th Amendment bars Doe’s claims. Chief Judge Diane Wood dissents with separate opinion.

Indiana Court of Appeals
In the Matter of the Parent-Child Relationship of: C.A. (Minor Child), And M.A. (Mother) v. The Indiana Department of Child Services (mem. dec.)
54A01-1709-JT-2139
Juvenile termination of parental rights. Affirms the termination of M.M.A.’s parental rights to her child, C.A. Finds the Indiana Department of Child Services presented clear and convincing evidence to support the termination of M.M.A.’s parental rights.

The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
In the Matter of Robert John Wray
02S00-1511-DI-648
Disciplinary. Suspends Robert John Wray from the practice of law in Indiana for at least nine months without automatic reinstatement. Finds Wray engaged in attorney misconduct arising from his solicitation of clients through a nonlawyer intermediary. Justice Christopher Goff, who was the hearing officer in this discipline case, did not participate.