Opinions Aug. 9, 2019

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Thursday.
Rita Boucher v. United States Department of Agriculture, et al.
16-1654
Appeal from the United States District Court for the Southern District of Indiana. Judge Tanya Walton Pratt.
Civil. Reverses the district court’s affirmance of the USDA’s final determination that the removal of nine trees in the 1990s by the late David Boucher converted several acres of wetlands into farmlands, rendering the Bouchers’ entire farm ineligible for certain USDA benefits. Finds the final determination was arbitrary and capricious. Remands to the district court to enter judgment and grant appropriate relief to Rita Boucher.

Valbruna Slater Steel Corporation, et al. v. Joslyn Manufacturing Company, et al.,
18-2633 & 18-2738
Appeal from the U.S. District Court for the Northern District of Indiana, Fort Wayne Division
Judge Jon e. DeGuilio
Civil. Affirms the district court’s conclusion that Valbruna’s claim made under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was not precluded but its claim made under Indiana’s Environmental Legal Action statute was. Rules the previous lawsuit brought in Indiana state court over which company should pay for the cleanup of the contaminated property did not preclude the CERCLA claim because there is not state-court jurisdiction to hear an exclusively federal claim. Finds Valbruna was a privy of the site’s former owner, Slater Steel, which filed the original state lawsuit that included an ELA claim. Also rules the suit was timely and upholds the district court’s imposing an equitable contribution on Valbruna, requiring the company to pay for a quarter of the past and future costs of the cleanup.

Beth Lavallee v. Med-1 Solutions, LLC
17-3244
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Magistrate Judge Debra McVicker Lynch.
Affirms the Southern District Court’s grant of summary judgment to Beth Lavallee on her motion, finding collection agency Med-1 Solutions, LLC’s email to Lavallee regarding two unpaid medical bills do not qualify under the Fair Debt Collection Practices Act. Finds the emails did not meet the definition of “communication” because they did not “convey[] … information regarding a debt,” nor “contain” the statutorily mandated disclosures.

Indiana Supreme Court
In the Matter of M.I., N.I., N.I., N.I., N.I., S.I. (Minor Children); Denis Koehlinger v. K. H. (Mother); A.I. (Father) and L.M. (Father) v. Indiana Department of Child Services
19S-JT-281
Juvenile termination. Affirms the Allen Superior Court’s refusal to terminate K.H.’s
parental rights to her six minor children on the finding that termination was not in the children’s best interests. Finds the trial court’s conclusion that the Indiana Department of Child Services failed to clearly and convincingly show that termination was in the children’s best interests was not contrary to law.

Indiana Court of Appeals
Brian Blankenship v. Kathy F. and Larry G. Duke
19A-GU-518
Guardianship. Remands the Perry Circuit Court’s award of parenting time to Brian Blankenship with his children “as agreed upon by the parties.” Finds that because Blankenship does not get along with the children’s appointed grandparent guardians, he was essentially granted no parenting time. Vacates that part of the order and remands for the trial court to order reasonable parenting time for Blankenship, balancing his right to visit the children with their best interests in mind.

Metal Pro Roofing, LLC and Cornett Restoration, LLC v. The Cincinnati Insurance Company
18A-PL-2205
Civil plenary. Affirms in part the Johnson Superior Court’s grant of summary judgment in favor of The Cincinnati Insurance Company in a dispute over insurance coverage with Metal Pro Roofing, LLC and Cornett Restoration, LLC. Reverses the trial court’s second summary-judgment order and remands the matter for trial on the LLCs’ amended counterclaim.

In the Matter of: B.G. (Minor Child), Child in Need of Services, and C.G. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JC-4
Juvenile CHINS. Affirms the Marion Superior Court’s finding that B.G. is a child in need of services. Finds there is sufficient evidence to support the CHINS adjudication.

Terence L. Riley v. State of Indiana (mem. dec.)
19A-CR-659
Criminal. Affirms Terence Riley’s six-year sentence for conviction of Level 5 felony domestic battery. Finds the sentence imposed by the trial court was not inappropriate in light of the nature of the offense or Riley’s character.