Opinions May 26, 2021

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
Richard Jefferson Deibel v. Larry Hoeg, Aaron Hoeg, and Roger Steffen
20-3378
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt. Civil. Affirms the dismissal of Richard Jefferson Deibel’s suit contending his settlement with Larry Hoeg and Roger Steffen allowed him to retain his shares in his former company, Hy-Pro Corp. Finds Deibel’s suit was untimely and is not saved by a continuing wrong.

Wednesday opinions
Indiana Court of Appeals
Westwood One Radio Networks, LLC, f/k/a Westwood One Radio Networks, Inc. v. The National Collegiate Athletic Association and NIT, LLC
20A-CT-1965
Civil tort. Affirms the denial of Westwood One Radio Networks LLC’s motion to enjoin the NCAA and NIT LLC from voiding the parties’ contract giving Westwood One exclusive rights to the radio broadcast of collegiate athletic championships, including the NCAA Division I basketball tournament. Finds the Marion Superior Court correctly denied injunctive relief on the basis that Westwood One has an adequate remedy at law should it prevail in the underlying litigation.

 BoJak’s Bar and Grille v. Marcus Henry
21A-CT-170
Civil tort. Affirms the denial of BoJak’s Bar and Grille’s motion for summary judgment. Finds the facts are sufficient to create a duty for BoJak’s to take reasonable steps to provide for plaintiff Marcus Henry’s safety while on the premises.

P.D. v. D.V.
20A-PO-1860
Protective order. Affirms the grant of a protective order against P.D. and in favor of D.V. Finds the Tippecanoe Superior Court’s determination that P.D. stalked D.V. was supported by the evidence and was sufficient to issue the protective order.

Norman Schroder v. Bills Bistro, LLC d/b/a Hamilton Public House (mem. dec.)
20A-CT-2188
Civil tort. Affirms the grant of summary judgment in favor of Bills Bistro LLC d/b/a Hamilton Public House. Finds the Allen Superior Court did not violate the standard of review. Also finds Norman Schroder has not carried his burden of showing that the trial court’s grant of summary judgment in favor of HPH was erroneous.

Deanna Sasser v. State Farm Insurance Company and Kelly Urycki (mem. dec.)
20A-CT-2068
Civil tort. Affirms the grant of summary judgment in favor of State Farm Insurance Company and Kelly Urycki in Deanne Sasser’s action for defamation and breach of contract, and the denial of the defendants’ motions for sanctions. Finds the Lake Superior Court properly granted summary judgment to State Farm and Urycki on Sasser’s defamation and breach of contract claims. Also finds the trial court did not abuse its discretion in denying the motion for sanctions. Remands for the limited purpose of ordering the return of any privileged and confidential information in the possession of Sasser and her counsel.

Francisco Amaro v. State of Indiana (mem. dec.)
20A-CR-1922
Criminal. Affirms Francisco Amaro’s conviction for murder. Finds the evidence is sufficient to rebut his claim of self-defense.

J.I. v. State of Indiana (mem. dec.)
20A-JV-2225
Juvenile. Affirms J.I.’s adjudication as a juvenile delinquent based on the finding that he committed acts that would be Level 4 felony attempted child molesting and Level 4 felony child molesting if committed by an adult. Finds the state presented sufficient evidence beyond a reasonable doubt to support J.I.’s adjudication.

In the Matter of the Paternity of A.C.R., L.R.R., and A.A.R. v. Adam Ruiz (mem. dec.)
20A-JP-1851
Juvenile paternity. Affirms the finding that Nicole Reveliotis was in contempt in a paternity proceeding with Adam Ruiz. Finds the Lake Superior Court did not abuse its discretion in finding Reveliotis in contempt. Also finds the trial court did not abuse its discretion in conducting the hearing via Zoom.

Rhett Loftsgard v. Stephanie Muir (mem. dec.)
21A-JP-217
Juvenile paternity. Affirms the denial of Rhett Loftsgard’s motion for change of judge. Finds that an objective person, knowledgeable of all the circumstances, would not have a rational basis for doubting the judge’s impartiality. Also finds the Hamilton Superior Court did not abuse its discretion in denying Loftsgard’s motion.

N.W. v. Indiana Department of Child Services (mem. dec.)
20A-JT-2340
Juvenile termination of parental rights. Affirms the termination of mother N.W.’s parental rights to minor child S.M. Finds the Department of Child Services presented sufficient evidence to support the Tippecanoe Superior Court’s order terminating N.W.’s parental rights to S.M.