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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 published after IL’s deadline Friday:
7th Circuit Court of Appeals
John Doe v. The Trustees of Indiana University, et. al.
22-1576
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James Sweeney. Vacates the district court’s judgment granting summary judgment to the Indiana University Board of Trustees as defendants in a lawsuit filed by John Doe. Finds that the district judge abused his discretion when permitting “John Doe” to conceal his name without finding that he is a minor, is at risk of physical harm, or faces improper retaliation (that is, private responses unjustified by the facts as determined in court). Also finds If Doe elects to continue with the suit, his true name must be disclosed to the public, and the district court must decide what remedy is appropriate for Dean Jay Hess’s failure to allow Doe an opportunity to present his position before expelling him. Remands the case to the district court.
Monday opinions
Indiana Court of Appeals
Theodore Rokita v. Barbara Tully
23A-PL-705
Civil plenary. Reverses the Marion Superior Court’s granting of summary judgment to Barbara Tully regarding her public records request for access to an informal advisory opinion from the Indiana Office of the Inspector General relating to the ethical implications of Attorney General Todd Rokita’s continued outside employment with Apex Benefits. Finds the Indiana General Assembly amended the statute relating to the Inspector General’s duties and made that amendment retroactive. Also finds the amended statute explicitly provides the Inspector General’s informal advisory opinions are confidential and excepted from disclosure under Indiana’s Access to Public Records Act. Remands with instructions that the trial court grant Rokita’s cross-motion for summary judgment.
J.R. v. Indiana Department of Child Services
23A-MI-2166
Miscellaneous. Affirms the Marion Superior Court’s order affirming the Indiana Department of Child Services substantiation of a report of child neglect against J.R. Finds that substantial evidence supports the agency’s substantiation determination.
Emad Abed v. Andrea ElSharif and Surayyah Seif ElSharif, Co-Personal Representatives of the Estate of Seif ElSharif, and Samirah Realty, LLC
23A-CT-1486
Civil tort. Affirms the Lake Superior Court’s order judgment setting aside quitclaim deeds and other written instruments purportedly executed by Emad Abed’s late uncle, Seif ElSharif, to transfer ownership of all Seif’s assets to Abed and ordering Abed to pay Seif’s estate more than $3 million dollars in damages and attorney fees. Finds that the essential features of the suit were equitable, and any legal claims so significantly overlapped with the equitable features of the suit to be subsumed by the equitable claims, Abed did not have a right to a jury trial. Also finds that the trial court did not abuse its discretion in denying Abed’s motion to recuse.
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