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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 opinion was posted after The Indiana Lawyer’s deadline Friday:
7th Circuit Court of Appeals
Garage Door Systems, LLC, d/b/a Overhead Door Company of Indianapolis v. Blue Giant Equipment Corporation
24-2136
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Jane Magnus-Stinson. Reverses the district court’s denial of Blue Giant Equipment Corporation’s motion to dismiss Overhead Door Company of Indianapolis’ lawsuit for breach of contract and warranty. Finds it was unnecessary for Blue Giant to seek dismissal because the district court did have authority to compel arbitration in this case. Also finds when a district court lacks authority to compel arbitration in the designated arbitral forum, parties may enforce the agreement through either a motion to dismiss for forum non conveniens or, when applicable, a motion to transfer venue to a district court that does have authority to compel arbitration. Finally, finds because the standard terms were incorporated into the contract, the parties are obligated to resolve their dispute in accordance with the arbitration provision contained in the terms and conditions. Remands for further proceedings consistent with the opinion. Attorney for appellant: David Hansma. Attorneys for appellee: Richard Coyne, Jeffrey Criswell.
Monday opinions
Indiana Court of Appeals
Salvador A. Jones v. State of Indiana
24A-CR-1102
Criminal. Affirms Salvador Jones’ conviction in Floyd Circuit Court for Level 5 felony robbery. Finds there is no Sixth Amendment right to counsel in Indiana prior to the initial hearing before an Indiana judicial officer. Also finds Jones did not properly invoke his right under the Interstate Agreement on Detainers to be brought to trial within 180 days of the state’s detainer request. Finally, finds the trial court did not commit fundamental error when it permitted the state to use self-authenticating affidavits as part of the foundation for the admissibility of surveillance videos and photographs. Attorney for appellant: Andrew Rutz. Attorneys for appellee: Attorney General Todd Rokita, Supervising Deputy Attorney General Ellen Meilaender.
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