Opinions July 15, 2024

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The following opinion was published after IL’s deadline Friday:
7th Circuit Court of Appeals
Demona Freeman v. Ocwen Loan Servicing, LLC, and Bank of New York Mellon
23-2512
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt. Affirms the district court’s dismissal of Demona Freeman’s Fair Credit Reporting Act claim and awarding of summary judgment to Ocwen Loan Servicing LLC on Freeman’s Fair Debt Collection Practices Act claim. Finds that because Freeman failed to identify the consumer reporting agencies she notified in her complaint, the district court did not err in dismissing Freeman’s FCRA claim. Also finds that because Freeman cannot establish under any of her theories that she suffered a concrete injury, the district court properly dismissed her FDCPA claim for lack of standing.

Monday opinions
Indiana Court of Appeals
B & L Drywall, LLC v. R.L. Turner Corporation
23A-PL-2962
Civil plenary. Affirms the Boone Circuit Court’s order granting summary judgment and damages to R.L. Turner Corp. for B&L Drywall, LLC’s breach of contract. Finds the trial court did not err in denying B&L’s motion for summary judgment and granting RLTC’s motion for summary judgment as there are no genuine issues of material fact, and RLTC is entitled to judgment as a matter of law. Also finds the trial court did not abuse its discretion when it awarded RLTC damages in the amount of the difference between the contract sum and the cost to pay the replacement contractor, as such an award was permitted by the unambiguous terms of the contract.

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