Opinions July 19, 2022

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline on Monday:
In re: USA Gymnastics, Jane Doe J.J. v. William L. Bettinelli
21-2916
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil. Affirms the bankruptcy court’s decision to treat Jane Doe J.J.’s claim against USA Gymnastics as untimely, and the district court’s affirmation of that ruling. Finds a lack of evidence that USA Gymnastics had J.J.’s medical records. Also finds her argument that Michigan law required USA Gymnastics’ retention of any relevant documents dubious. Finally, finds J.J. was not a reasonably ascertainable creditor, so she was entitled only to constructive notice.

Tuesday opinions

Indiana Supreme Court
National Collegiate Athletic Association v. Jennifer Finnerty, et al.  
21S-CT-409
Civil tort. Remands for the Marion Superior Court to evaluate the NCAA’s second motion for a protective order to prevent the plaintiffs from deposing three high-ranking NCAA executives. Finds Indiana Appellate Rule 14(B) neither limits the type of order a trial court may certify for discretionary review nor restricts the appellate court’s discretion to accept jurisdiction over the appeal. Also finds that even if the appealed order before the Supreme Court is on a repetitive motion or a motion to reconsider, the NCAA did not forfeit its opportunity to obtain discretionary review. Declines to adopt the apex doctrine and instead harmonizes its principles with Indiana trial rules in establishing a framework for trial courts to use to determine whether good cause exists to limit or prohibit the deposition of a high-ranking official.

Court of Appeals of Indiana
Justin M. James v. State of Indiana (mem. dec.)
21A-CR-2679
Criminal. Affirms the revocation of Justin M. James’ probation. Finds the Bartholomew Circuit Court did not abuse its discretion when it ordered James to serve all remaining suspended time after he violated the terms of his probation. Also finds the trial court did not violate James’ plea agreement when it applied time served to his sentence under F6-287.

Perry S. Miller v. State of Indiana (mem. dec.)
21A-CT-2046
Civil tort. Dismissing Perry S. Miller’s appeal of the Porter Superior Court’s “Order on Defendant’s Request for Access to Relevant Portions of the Record.” Finds the order Miller attempts to appeal is not a final judgment.

Lisa Haynes Whorley v. John F. Whorley (mem. dec.)
21A-DR-2670
Domestic relations. Affirms the order granting father John F. Whorley Jr. sole legal custody of H.W. and E.W. Finds the Hamilton Superior Court’s Finding 15 was supported by the evidence. Also finds the trial court’s findings supported its conclusion that it was in the children’s best interests for John to have sole legal custody, so it did not abuse its discretion in awarding him sole legal custody. Finally, finds mother Lisa Haynes Whorley waived her argument regarding her motion for rule to show cause for failing to assert the issue at the hearing on all pending motions.