Opinions Feb. 2, 2018

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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday:

Heraeus Kulzer, GmbH v. Biomet, Inc., et al., and Esschem, Inc.
17-1674
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Civil. Affirms the denial of Heraeus Kulzer’s three motions to modify the district court’s protective orders in his case against Biomet, Inc. Finds the 7th Circuit lacks jurisdiction to review the first two orders because Heraeus Kulzer failed to timely appeal those orders. Also finds the district court did not abuse its discretion in denying Haraeus Kulzer’s request to impose restrictions on Biomet’s internal use of the documents it produced subject to the third protective order.

Friday opinions

Indiana Court of Appeals

State of Indiana and the Indiana Bureau of Motor Vehicles v. Daniel Reinhart
01A02-1709-MI-2049
Miscellaneous. Reverses the Adams Superior Court’s order granting Daniel Reinhart’s petition for special driving privileges after his privileges had been suspended for life by a trial court in Noble County. Finds the Adams County court did not have jurisdiction to modify the Noble County order. Remands with instructions for the trial court to vacate the portion of its order related to Reinhart’s Noble County suspension.

William A. Hart v. State of Indiana
20A03-1708-CR-1865
Criminal. Affirms William A. Hart’s conviction of Class D felony battery committed against his son. Finds the state presented sufficient evidence he battered his son in the physical presence of his daughter. Also finds the facts of the case could have allowed a jury to reasonably conclude the slapping on kicking of Hart’s son was not to discipline him for past behavior but was an angry reaction to what the son had said and how he looked at Hart.

Kevin L. Govan v. State of Indiana (mem. dec.)
02A03-1708-CR-1946
Criminal. Affirms the denial of Kevin Govan’s motion to correct erroneous sentence. Finds the Allen Superior Court did not err.

Thomas R. Ganus v. State of Indiana (mem. dec.)
46A03-1707-CR-1559
Criminal. Affirms Thomas Ganus’ conviction for Level 5 felony operation a motor vehicle after driving privileges were forfeited for life. Finds Ganus’ right to a speedy trial was not violated.

Moyad M. Dannon v. State of Indiana (mem. dec.)
49A05-1709-CR-2030
Criminal. Affirms Moyad Dannon’s conviction for conversion as a Class A misdemeanor. Finds the state presented sufficient evidence regarding his intent.

Christopher F. Raddenbach v. State of Indiana (mem. dec.)
90A02-1709-CR-2163
Criminal. Affirms Christopher F. Raddenbach’s sentence to four years for his conviction of Class A misdemeanor operating a vehicle with an alcohol concentration equivalent of .15 or more and his admission to be a habitual vehicular substance offender. Finds Raddenbach’s sentence is not inappropriate.

Stefanie A. Vastine v. State of Indiana (mem. dec.)
15A01-1709-CR-2063
Criminal. Affirms the revocation of Stefanie A. Vastine’s probation. Finds the Dearborn Superior Court did not abuse its discretion in ordering Vastine to serve four years of her previously-suspended five-year sentence.

Hometown Station, Inc., et al. v. Jimmy Jessey (mem. dec.)
32A01-1707-PL-1548
Criminal. Affirms the judgment in favor of Jimmy Jessey on Hometown Station, Inc. and CE Hughes Enterprises, LLC’s breach of contract claim. Finds the Hendricks Circuit Court correctly found Jessey did not breach an asset purchase agreement because he exercised due diligence in pursuing financing.

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