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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 published after IL’s deadline Monday:
7th Circuit Court of Appeals
United States of America v. Taiwo Onamuti
23-1497
Criminal. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James Sweeney. Affirms the denial of Taiwo Onamuti’s motion for attorney’s fees under the Hyde Amendment, which permits a criminal defendant to recoup fees paid in defending against a frivolous, vexatious, or bad-faith charge. Finds that Onamuti did not show that the government’s position was frivolous, vexatious, or in bad faith. Also finds that the civil deadline applies because a motion for attorney’s fees under the Hyde Amendment is a civil matter ancillary to the criminal case.
Indiana Supreme Court
Illinois Casualty Company v. B&S of Fort Wayne Inc., et. al.
23S-PL-180
Civil plenary. Affirms the Allen Superior Court’s ruling delegating arbitrability to an arbitrator in a dispute between Illinois Casualty Company and 33 models, B&S of Fort Wayne, Showgirl III, Inc., and Reba Enterprises, LLC. Finds that as a matter of first impression in Indiana, that an agreement to arbitrate in accordance with American Arbitration Association or similar rules reflects “clear and unmistakable” evidence of an intent to delegate arbitrability to an arbitrator. Reverses the trial court’s order compelling arbitration. Finds that for 2016 and later claims, the trial court must defer to the arbitrator because the agreement incorporates the AAA rules. Also finds that because no agreement to arbitrate existed between ICC and the insured clubs before 2016, the models cannot compel arbitration for claims deriving from this period. Finally, finds the trial court erred when it did not distinguish between the models because the relevant question is whether an arbitration agreement existed with each model, not the models as a whole. Justice Christopher Goff concurs in result and dissents in part with separate opinion.
Tuesday opinions
Indiana Court of Appeals
William R. Mishler v. Union-North United School Corporation
23A-MI-1019
Miscellaneous. Affirms the St. Joseph Circuit Court’s resolution of summary judgment for the Union-North United School Corporation on the grounds that the school district complied with the state’s Access to Public Records Act. Reverses on the grounds that William Mishler did not comply with the Claims Against Public School Act notice requirement. Remands with instructions to dismiss the action without prejudice under Indiana Code section 34-13-3.5-7.
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