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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 Tuesday:
7th Circuit Court of Appeals
Mary Rodgers-Rouzier v. American Queen Steamboat Operating Company, LLC and HMS Global Maritime LLC
23-1812
Civil. Appeal from the U.S. District Court for the Southern District of Indiana, New Albany Division. Judge Sarah Evans Barker. Reverses the district court’s dismissal of Mary Rodgers-Rouzier’s Fair Labor Standards Act complaint against American Queen Steamboat Operating Company. Finds the the district court was in error when it went beyond sending the question of Rodgers-Rouzier’s argument waiver’s validity to arbitration and instead rejected her argument’s premise, suggesting that the waiver was entirely lawful. Also finds that, in this case, Indiana law would not compel Rodgers-Rouzier to arbitrate, for the simple reason that the agreement expressly states that it is governed by the Federal Arbitration Act. Remands for further proceedings.
Indiana Supreme Court
B.K. and S.K v. State of Indiana
23S-JV-344
Juvenile. Reverses the Hendricks Superior Court’s restitution order for $28,750 to B.K. and S.K. for property damage they caused at a Costco store. Finds that the juvenile court lacked the authority to enforce restitution as a civil judgment. Also finds that the court may either discharge the juveniles or exercise continuing jurisdiction until the juveniles reach 21 years of age. Finally, finds that if the court elects the latter option, the court should consider reassessing the amount each juvenile can realistically pay within the remaining period of judicial supervision. Remands for reconsideration of restitution. Justice Geoffrey Slaughter concurs in part and dissents in part with separate opinion in which Justice Mark Massa joins.
Wednesday opinions
Indiana Court of Appeals
Vance Tolbert, individually and on behalf of Lucas Tolbert v. Redbones, Inc.
23A-CT-1857
Civil tort. Affirms the Daviess Circuit Court’s partial summary judgment in favor of Redbones, Inc. Finds that no genuine issues of material fact exist as to whether Redbones owed the Tolberts a duty of care to support its premises liability claims.
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