Opinions August 7, 2024

The following opinions were published after IL’s deadline Tuesday:
7^th Circuit Court of Appeals
Axis Insurance Company v.  American Specialty Insurance & Risk Services
23-1698
Civil. Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Damon Leichty. Reverses the district court’s summary judgment order for American Specialty Insurance & Risk Services. Finds the contract in this case did not obligate AXIS to tender the defense to American Specialty before settling claims against AXIS. Also finds the contract required AXIS to provide notice of claims to American Specialty, but AXIS otherwise retained nearly complete control over settlement decisions. Finally, finds that AXIS was not required to tender the defense as a condition precedent to indemnification for settlements of potential liability. Remands for further proceedings.

United States of America v. Donald D. Reynolds
23-1968
Criminal. Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Damon Leichty. Affirms the district court’s revocation of Donald Reynolds’ 60-month term of supervised release for violated the terms of his release by testing positive for methamphetamine. Finds that, based on Reynolds’s history, the district court clearly believed that any further attempts to convince him to participate in drug treatment would be futile. Also finds to the extent that the district court did not realize that it could have ordered further treatment rather than revocation, that error was harmless.

Wednesday opinions

Indiana Court of Appeals
Timothy J. Brewer v. State of Indiana
24A-CR-105
Criminal. Reverses with instructions to vacate Timothy Brewer’s conviction in Morgan Superior Court for theft under Count 7 and issue an amended sentencing statement, sentencing order, and abstract of judgment consistent with this opinion. Affirms Brewer’s other convictions.