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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 7th Circuit Court of Appeals opinions were posted after IL deadline on Wednesday:
Joseph P. Allen, IV v. Brown Advisory, LLC, and Brown Investment Advisory & Trust Company
21-1602
Appeal from United States District Court for the Southern District of Indiana, Indianapolis Division
Senior Judge Robert L. Miller, Jr.
Civil. Affirms the dismissal of Joseph Allen’s contract and fiduciary claims against Brown Advisory LLC and Brown Investment Advisory & Trust Co. Finds the district judge correctly concluded that the power of attorney granted to Allen’s daughter, Elizabeth Key, shields the Brown Advisory defendants from liability for breach of contract and breach of fiduciary duty. Also finds the district judge was within his discretion to deny Allen’s motion to file a second amended complaint.
United States of America v. Robin Peoples
21-2630
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Senior Judge Robert L. Miller, Jr.
Criminal. Affirms the denial of Robin Peoples’ motion to amend his 110-year sentence for committing multiple armed bank robberies. Finds that the 7th Circuit Court of Appeals’ decision in United States v. Thacker, 4 F.4th 569 (7th Cir. 2021), all but forecloses Peoples’ position that, because of the First Step Act, he would not face such a lengthy prison term if sentenced today for the same crimes. Also finds that, standing alone, his rehabilitation efforts are not a ground for release under 18 U.S.C. § 3582(c)(1)(A), and the district court did not abuse its discretion reaching this same conclusion.
Thursday opinions
Indiana Supreme Court
City of Gary v. Jeff Nicholson, et al.
22S-MI-252
Miscellaneous. Grants transfer and dismisses. Finds the plaintiffs lack standing to challenge the city of Gary’s “welcoming ordinance” because they allege no injury. Also finds they do not have public standing. Finally, finds the state’s intervention does not alter the standing analysis. Remands to the Lake Superior Court with instructions to dismiss the action for lack of standing.
Court of Appeals of Indiana
EP MSS LLC v. Merrillville Board of Zoning Appeals, DG Properties Taft LLC, Town of Merrillville, and Town of Merrillville Town Council
21A-MI-2611
Miscellaneous. Affirms the Lake Superior Court’s ruling that EP MSS LLC lacks standing to pursue a petition for judicial review because it is not an “aggrieved” person for purposes of Indiana Code § 36-7-4-1603(a). Finds EP MSS does not have a right to be free from competition, and therefore, the town of Merrillville’s grant of a use variance to DG Properties Taft LLC does not infringe upon the rights of EP MSS. Also finds EP MSS’s claim of pecuniary harm fails as it is premised on speculation regarding future profits and runs counter to public policy promoting free enterprise. Finally, finds EP MSS has not shown a special injury because all self-storage businesses in Merrillville will be required to compete with DG Properties.
Cleatus Furlong v. State of Indiana (mem. dec.)
22A-CR-162
Criminal. Affirms the denial of Cleatus Furlong’s motion for reconsideration, which challenged the denial of his petition for modification of sentence. Finds the Porter Superior Court lacked statutory authority to consider Furlong’s petition for a sentence modification because he is a violent criminal who filed his petition more than a year after being sentenced without the consent of the prosecutor. Also finds the trial court correctly concluded it lacked the authority to reconsider Furlong’s petition, so it did not err in denying his motion for reconsideration.
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