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Akeem Daniels, Cameron Stingily, and Nicholas Stoner v. FanDuel, Inc. and DraftKings, Inc.
18S-CQ-134
Certified question. Finds Indiana’s right of publicity statute contains an exception for material with newsworthy value that includes online fantasy sports operators’ use of college players’ names, pictures, and statistics for online fantasy contests.
Indiana Court of Appeals
In Re the Matter of the Trust of Barbara J. Rawlings; Rex R. Rawlings v. Kim R. Rawlings
18A-TR-345
Trust. Affirms the Clinton Circuit Court’s grant of summary judgment for Kim R. Rawlings on his claim for equitable relief in the enforcement of an agreement with Rex Rawlings in the termination and division of a trust. Holds the trial court properly concluded Kim is entitled to equitable relief in the division of the trust assets and by enforcing the inheritance agreement. Chief Judge Nancy Vaidik dissents with a separate opinion, finding the court exceeded its authority in probate adjudicating Kim’s claim under an agreement to which Barbara J. Rawlings was not a party.
State of Indiana v. Justin Crager
18A-CR-671
Criminal. Reverses the DeKalb Superior Court’s order suppressing evidence of methamphetamine police obtained in a search of Justin Crager’s backpack after he was arrested on a warrant. The search was reasonable under the totality of the circumstances. Remands for proceedings.
Denny Alan Neff v. Wal-Mart Stores East, LP
18A-PL-421
Civil plenary. Affirms the Putnam Circuit Court’s grant of summary judgment in favor of Walmart Stores on Denny Neff’s allegations sounding in negligence and tort and derived from his arrest and termination by Walmart. Finds the trial court properly entered summary judgment on Neff’s claims of breach of employment contract and wrongful termination; false arrest, criminal confinement, tortious confinement, trespass against person, and false imprisonment; negligent infliction of emotional distress; intentional infliction of emotional distress; defamation; and invasion of privacy.
Christopher A. Redden v. State of Indiana (mem. dec.)
18A-CR-450
Criminal. Affirms Christopher Redden’s nine-year sentence for conviction of Level 4 felony child molesting. Finds his sentence is not inappropriate in light of the nature of the offense and his character.
Harold W. Jackson v. State of Indiana (mem. dec.)
18A-CR-1556
Criminal. Affirms Harold Jackson’s 12-year sentence for conviction of Level 3 felony robbery. Finds Jackson has not sustained his burden of establishing that his sentence is inappropriate in light of the nature of the offenses and his character.
State of Indiana v. Keith W. Freeman (mem. dec.)
18A-CR-818
Criminal. Affirms the Clark Circuit Court’s grant of Keith Freeman’s motion to suppress in a prosecution for drunk driving. Finds there is evidence in the record to support the conclusion that the trial court did not believe the trooper’s testimony about the reason for the traffic stop.
Nikolas Shannon v. State of Indiana (mem. dec.)
18A-CR-935
Criminal. Affirms Nikolas Shannon’s conviction of Class A misdemeanor resisting law enforcement, finding the evidence sufficient.
Kayla Owens v. Amanda Caudillo and State Farm Mutual Automobile Insurance Co. (mem. dec.)
45A05-1712-CT-2934
Civil tort. Reverses and remands Kayla Owens’ petition for rehearing with respect to the appellate corut’s original opinion in Owens v. Caudillo, No. 45A05-1712-CT-2934 (Ind. Ct. App. Aug. 2, 2018). Finds the Lake Superior Court erred by denying Owens’ motion to reopen the evidence.
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