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Thomas A. Russell, M.D., et.al. v. Zimmer, Inc.
22-2529
Appeal from the United States District Court for the Northern District of Indiana. Senior Judge Theresa L. Springmann.
Civil. Affirms the dismissal of Thomas Russell and other plaintiffs’ breach claim against Zimmer Inc., finding the plaintiffs had failed to state a viable claim for relief. Finds the complaint did not state a plausible claim that Zimmer failed to use commercially reasonable efforts to sell the earnout products. Also finds the district court did not abuse its discretion in denying the motion to amend the complaint a second time.
Court of Appeals of Indiana
Rickey D. James v. State of Indiana (mem. dec.)
23A-CR-846
Criminal. Affirms Rickey James’ conviction in Allen Circuit Court of operating while intoxicated. Finds the evidence presented at trial supported a reasonable inference of guilt and was sufficient to warrant a conviction.
Shyanna M. Roberts v. State of Indiana (mem. dec.)
23A-CR-1002
Criminal. Affirms the revocation of Shyanna Roberts’ probation. Finds the Bartholomew Circuit Court did not abuse its discretion in revoking Roberts’ probation and ordering that she serve 360 days of her previously suspended sentence of 670 days.
Aron Ray Hall v. State of Indiana (mem. dec.)
23A-CR-1173
Criminal. Affirms the revocation of Aron Hall’s probation. Finds the Jefferson Superior Court did not abuse its discretion in revoking Hall’s probation and ordering that he serve the remainder of his previously suspended sentence.
Chloe Rouse v. Zuluscape LLC (mem. dec.)
23A-SC-503
Small claims. Affirms the judgment of the Perry Township Small Claims Court in favor of Zuluscape LLC for the amount of $2,565.02, but denies Zuluscape’s request for an award of appellate attorney fees. Finds the small claims court did not abuse its discretion in holding Rouse to the same standards as an attorney. Also finds the small claims court did not abuse its discretion in awarding Zuluscape $985.42 in damages plus attorney fees. Finally, finds that given that the appellate record does not contain either the transcript or a copy of the parties’ lease agreement, Zuluscape is not entitled to an award of appellate attorney fees pursuant to the terms of the lease agreement.
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