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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinions were published after IL’s deadline Tuesday:
7th Circuit Court of Appeals
Sysco Indianapolis LLC v. Teamsters Local 135
23-1718
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James Hanlon. Reverses the district court’s declaratory judgment in favor of Sysco Indianapolis LLC that found a grievance alleging that Sysco violated the parties’ 2018 collective bargaining agreement (by not providing a Supplemental Early Retirement Benefit of $500 per month to certain qualified retirees and current employees) was not arbitrable under the parties’ CBA. Finds that Sysco failed to present the “most forceful evidence” showing that the parties intended to exclude the monthly benefit from the arbitration provision in the CBA. Also finds that the union’s grievance falls within the scope of the arbitration clause on its face and must be sent to arbitration.
United States of America v. Cameron Johnson
23-2338
Criminal. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt. Vacates the district court’s judgment that Cameron Johnson qualified for an enhanced sentence under the Armed Career Criminal Act. Finds that the U.S. Supreme Court recently has held that the Fifth and Sixth Amendments entitle defendants to have a jury decide whether prior offenses were committed on the same or different occasions. Also finds that the district court erred in declining to send the different-occasions question to a jury and the error was not a harmless one. Remands the case for further proceedings.
Indiana Supreme Court
Iris Seabolt, Reginald Dillard, Leon Tyson, and Pink Allen Robinson v. State of Indiana
24S‐PC‐270, 24S‐PC‐271, 24S‐PC‐272, 24S‐PC‐273
Post conviction relief. Reverses the Elkhart Circuit Court’s order denying the petitioner’s motion for recusal in cases where Iris Seabolt, Reginald Dillard, Leon Tyson and Pink Allen Robinson petitioned for post conviction relief. Finds that the judge is disqualified from presiding over these cases because her determination that recusal was mandatory in Andrew Royer’s case would lead an objective observer to reasonably question her impartiality in these cases, where the petitioners raised the same concerns as Royer. Remands with the instruction to grant the motions. Justice Geoffrey Slaughter did not participate.
Wednesday opinions
Indiana Court of Appeals
V.L. Davis Properties v. Deutsche Bank National Trust Company, as Indenture Trustee, on Behalf of the holders of the Accredited Mortgage Loan Trust 2004-3 Asset Backed Notes
23A-MF-2224
Mortgage foreclosure. Affirms the Jennings Superior Court’s denial of the motion to correct error that V.L. Davis Properties filed after the trial court granted summary judgment in favor of Deutsche Bank National Trust Company and entered a decree of foreclosure related to a property on Blossom Court in North Vernon. Finds the trial court did not have personal jurisdiction over Deutsche Bank because CSL Community Association Inc. did not serve Mortgage Electronic Registration Systems, and therefore the foreclosure decree entered in that case did not extinguish the bank’s interest.
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