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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 opinions were posted after IL’s deadline Tuesday:
7th Circuit Court of Appeals
Lacey Thorlton v. Michelle King, Acting Commissioner of Social Security
24-1852
Civil. Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. Magistrate Judge Kellie Barr. Affirms an administrative law judge’s denial of Joshua Smitson’s application for Social Security disability benefits and supplemental security income. Finds the administrative record lacked evidence compelling the ALJ to find that Smitson would need a certain amount of time off, or some other form of accommodation, to address asthma attacks or permit medically necessary nebulizer treatments during a workday. Attorney for appellant: Matthew Richter. Attorneys for appellees: Catherine Seagle, Julian Wierenga.
Indiana Supreme Court
Calvary Temple Church of Evansville, Inc. v. Gerard A. Kirsch
24S-CT-378
Civil tort. Reverses Vanderburgh Superior Court Judge Mary Margaret Lloyd’s order denying the Calvary Temple Church of Evansville summary judgment and remands with instructions to enter summary judgment for the church and against Gerard Kirsch. Finds that because Kirsch was injured while on “premises” the church “own[s]” and “use[s] primarily for worship services”, the church needed only to warn him of known hidden dangers and to refrain from harming him intentionally. Attorneys for appellant: Ronald Mingus, Alex Beeman, Katherine Haire. Attorney for appellee: Robert Garwood.
Wednesday opinions
Indiana Court of Appeals
N.B v. L.B.
24A-PO-1856
Protection order. Affirms Daviess Circuit Court Judge Gregory Smith’s grant of a two-year order of protection to L.B. under the Indiana Civil Protection Order Act, based on a finding that N.B. stalked and harassed L.B. Finds the trial court did not violate N.B.’s due process rights because it held a hearing on its ex parte order of protection within thirty days of N.B.’s request for a hearing pursuant to Indiana Code section 34-26-5-10(a). Also finds there existed sufficient evidence to support the trial court’s grant of L.B.’s request for a protective order against N.B. Attorney for appellant: Tiffany McCoy. No attorney listed for appellee.
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