Opinions April 23, 2021

The following opinions were posted after IL deadline Thursday:
7^th Circuit Court of Appeals
Rexing Quality Eggs v. Rembrandt Enterprises, Inc. v. Joseph L. Rexing, et al.
20-1726, -1727
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Jane Magnus-Stinson.
Civil. Affirms the award of $1,522,302.61 in damages for Rembrandt Enterprises Inc. in its contract repudiation dispute with Rexing Quality Eggs, but reverses the district court’s denial of Rembrandt’s request for interest and fees. Finds the district court properly concluded that the resale remedy under Iowa’s version of the Uniform Commercial Code was the appropriate mechanism for calculating Rembrandt’s damages. Also finds Rexing waived its arguments challenging the jury’s damages award by not presenting them to the district court in a postverdict motion. Finally, finds the parties’ agreement fell within the Business Credit Exception to Iowa’s usury statute. Remands for further proceedings.

Indiana Supreme Court
New Nello Operating Co., LLC v. CompressAir
20S-CC-578
Civil collection. Reverses the St. Joseph Circuit Court’s grant of summary judgment to CompressAir in its lawsuit over unpaid piping work performed on Nello Operating Co.’s South Bend facility. Remands for judgment in favor of New Nello. Finds that continuity of ownership is necessary for the de-facto-merger and mere-continuation exceptions to apply after asset purchases, and neither applied after the assets of Nello Corp. were acquired through a strict-foreclosure agreement to satisfy its bank debt.

Friday opinions
Indiana Supreme Court
State of Indiana v. Jarrell Luke Ellis
21S-CR-159
Criminal. Grants transfer and reverses the grant of Jarrell Luke Ellis’ motion to suppress evidence seized during the search of his home while he was on home detention. Finds the waiver of the “right against search and seizure” clearly informs a defendant that a search may be conducted without reasonable suspicion, and additional language discussing reasonable suspicion is unnecessary. Also finds that when an individual waives his rights against search and seizure, this waiver clearly encompasses the right to be free from search and seizure absent reasonable suspicion. Remands for further proceedings.

Nicholas Greenlee v. State of Indiana (mem. dec.)
20A-CR-1939
Criminal. Affirms the revocation of Nicholas Greenlee’s probation. Finds Greenlee has failed to establish reversible error as to his allegations that his due process rights were violated before and during the revocation hearing.

DCG Services, Inc., Abydel Farms, LLC, John M. Divin, and Linda M. Divine v. Indiana Department of Natural Resources (mem. dec.)
20A-PL-1972
Civil plenary. Affirms the denial of DCG Services Inc., Abydel Farms LLC, John M. Divine and Linda M. Divine’s petition for judicial review of the Natural Resources Commission’s final order upholding the notice of violation issued against them by the Indiana Department of Natural Resources for violations of the Indiana Flood Control Act. Finds the Divines have failed to carry their burden to show that the appointment of an administrative law judge was unconstitutional. Also finds the NRC’s final order is supported by substantial evidence.

Gregory Bergman v. Susan Markley (mem. dec.)
20A-DR-2015
Domestic relations. Affirms and reverses in part the Howard Superior Court’s orders on the division of Gregory Bergman’s pension benefits and Federal Employees Retirement System civilian pension. Finds the trial court erred in finding that wife Susan Markley was entitled to 22% of Bergman’s pension benefits. Also finds the trial court did not err in finding Bergman’s FERS civilian pension was not vested as of the date Markley filed for divorce. Remands with the instructions.

Telecom, LLC, d/b/a Priority Communications, LLC v. Affordable Telephones, LLC, and M. Scott Taylor (mem. dec.)
20A-PL-2122
Civil plenary. Affirms the denial of Telecom LLC d/b/a Priority Communications LLC’s motion for preliminary injunction against Affordable Telephones LLC and M. Scott Taylor. Finds that because Priority failed to meet at least one of the four requirements for a preliminary injunction, the Marion Superior Court did not abuse its discretion in denying Priority’s motion.