Opinions June 10, 2020

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
7th Circuit Court of Appeals
Erin Johnson v. Enhanced Recovery Company, LLC
19-1210 & 19-1334
Appeals from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Philip P. Simon.
Civil. Affirms the district court’s entry of summary judgment for Enhanced Recovery on Erin Johnson’s class-action complaint seeking damages under the Fair Debt Collection Practices Act. Finds Johnson failed to present any evidence other than her own opinions that a letter sent by ERC was misleading. Affirms on cross-appeal the district court’s denial of ERC’s prior motion to dismiss, finding denial was proper because the court found Johnson had presented a plausible claim.

Wednesday opinions
Indiana Court of Appeals
State of Indiana, Indiana Department of Environmental Management, Indiana State Department of Health, et al. v. Cristobal Alvarez, C.A. by next friend Cristobal Alvarez, et. al.
19A-CT-587
Civil tort. Affirms the Lake Superior Court order denying the State of Indiana, the Indiana Department of Environmental Management, and the Indiana State Department of Health’s motion for judgment on the pleadings against Cristobal Alvarez, C.A. by next friend Cristobal Alvarez, et. al. Finds the state defendants are not entitled to judgment on the pleadings pursuant to the Indiana Tort Claims Act. Finds that it is not clear from the face of the complaint that warning the plaintiffs about exposure to dangerous levels of lead was a discretionary function. Further, finds that while the plaintiffs sue both state defendants and city defendants, the complaint alleges state defendants are liable for their own acts. Finds it is unclear from the face of the complaint that the plaintiffs brought the lawsuit outside the statute of limitations period or that their claims are barred by issue preclusion. Finds sufficient facts to state a claim for intentional infliction of emotional distress.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of D.C., Jr. (Minor Child) and T.J. (Mother) and D.C. (Father) v. The Indiana Department of Child Services
19A-JT-2832
Juvenile termination of parental rights. Affirms termination of father D.C’s parental rights finding sufficient evidence, but reverses termination of mother T.J’s parental rights to minor child D.C. Jr. Finds mother did not consent to an advisement that consent cannot be based on promises regarding adoption or post-termination contact. Remands to the Putnam Circuit Court for fact-finding on whether mother received this statutory advisement.

Gregory Smith, As Assignee of Nolan Clayton v. Progressive Southeastern Insurance Company
19A-PL-1959
Affirms the Marion Superior Court’s dismissal of Gregory Smith’s second amended complaint and denial of his motion for joinder of parties or consolidation of actions, finding the trial court did not err in either respect.

In the Matter of the Termination of the Parent-Child Relationship of W.J.J (Minor Child) and W.J. and M.R. (Parents) v. Indiana Department of Child Services (mem. dec.)
19A-JT-2736
Juvenile termination of parental rights. Affirms the termination in Tippecanoe Superior Court of mother M.R. and father W.J.’s parental rights to W.J.J. Rejects parents’ argument that the No Reasonable Efforts Statute is unconstitutional.

Sherquell Dion Magee v. State of Indiana (mem. dec.)
19A-CR-2638
Criminal. Affirms the 40-year aggregate sentence imposed on Sherquell Dion Magee after he pleaded guilty at age 17 to Level 2 felony voluntary manslaughter and an enhancement for use of a firearm in committing a crime. Finds his sentence is not inappropriate in light of his character or the nature of the offense.

C.H. v. State of Indiana (mem. dec.)
19A-JV-2916
Juvenile. Affirms placement in the Department of Correction after C.H’s delinquency adjudication in St. Joseph Probate Court for what would be two counts of Level 6 felony fraud, two counts of Class A misdemeanor theft and Class A misdemeanor resisting law enforcement if committed by an adult. The juvenile court did not abuse its discretion in placing C.H. in the DOC.

Rian N. North v. State of Indiana (mem. dec.)
19A-CR-2698
Criminal. Affirms Rian North’s conviction of two counts of Class B felony child molesting and one count of Class C felony child molesting. Finds the Allen Superior Court did not err in admitting certain evidence, North’s aggregate 36-year sentence is not inappropriate and his right to a speedy trial was not violated.

Kersee Anderson v. State of Indiana (mem. dec.)
19A-CR-202
Criminal. Affirms Kersee Anderson’s murder conviction and his conviction of Level 4 felony possession of a firearm by a serious violent felon as well as his revocation of probation in a separate case. The LaPorte Circuit Court did note err in denying his motion for discharge nor in admitting challenged evidence.

Jesse Atwood v. State of Indiana (mem. dec.)
19A-CR-2977
Criminal. Affirms Jesse Atwood’s two-year sentence for conviction of Level 6 felony theft. The sentence in Shelby Superior Court was not inappropriate.

Jesus Olvera Duran v. State of Indiana (mem. dec.)
19A-CR-2419
Criminal. Affirms Jesus Duran’s convictions of Level 4 felony burglary, Level 5 felony criminal confinement where the victim was under 14 years of age, Class B misdemeanor possession of marijuana and Class C misdemeanor possession of paraphernalia. The Elkhart Superior Court did not err in denying Duran’s motion for directed verdict on certain charges.

Carl Gathright v. State of Indiana (mem. dec.)
19A-CR-2024
Criminal. Affirms Carl Gathright’s murder conviction, finding the St. Joseph Superior Court did not err by admitting certain evidence he claimed was unduly prejudicial.

Super Petroleum, Inc. v. 5th Avenue Mobil, LLC (mem. dec.)
19A-MF-2843
Mortgage foreclosure. Affirms the Lake Superior Court’s grant of summary judgment to 5th Avenue Mobil on its mortgage foreclosure complaint against Super Petroleum, finding no issues of material fact. Finds the trial court did err in denying 5th Avenue’s motion to strike, but the error is harmless.

L.B. v. M.B. (mem. dec.)
19A-DC-2594
Domestic relations, children. Affirms the Hamilton Superior Court’s indirect contempt order against mother L.B. for violating the court’s order in a dissolution decree requiring vaccinations for the couple’s children. The trial court did not err or abuse its discretion in its contempt rulings nor in awarding father M.B. $3,000 in attorney fees.

In re the Termination of the Parent-Child Relationship of E.V. (Minor Child) and T.N. (Mother) v. Indiana Department of Child Services (mem. dec.)
19A-JT-2753
Juvenile termination of parental rights. Affirms the Decatur Circuit Court’s order terminating mother T.N.’s parental rights to her minor child, E.V. Finds clear and convincing evidence supports the trial court order.

Andre Glenn v. State of Indiana (mem. dec.)
20A-CR-64
Criminal. Affirms the five-year sentence imposed on Andre Glenn after his conviction in Wayne Circuit Court of Level felony possession of a firearm by a serious violent felon. Finds the sentence is not inappropriate.

CSI Protective Services LLC v. Paragon Properties Company a/k/a Paragon Properties LLC, and Justin Dunckel (mem. dec.)
19A-CC-2643
Civil collection. Affirms the Marion Circuit Court’s grant of summary judgment for Paragon Properties an Justin Dunckel on CSI’s complaint for breach of contract, finding no error.