Opinions March 25, 2022

The following opinions were posted after IL deadline Thursday:

7^th Circuit Court of Appeals 

Gorss Motels, Inc. v. Brigadoon Fitness, Inc. and Brigadoon Financial, Inc.  
21-1358
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Judge Holly A. Brady.
Civil. Affirms the denial of class certification in Gorss Motels Inc.’s action brought under the Telephone Consumer Protection Act seeking statutory penalties for itself and on behalf of a class of recipients of purportedly unsolicited facsimile advertisements sent by Brigadoon Fitness Inc. and Brigadoon Financial Inc. Finds that at the class certification stage, it was not Brigadoon’s burden to prove the merits of its permission defense, which it supported with a viable theory and specific evidence. Also finds it was the plaintiff’s burden to demonstrate that common issues of law or fact would predominate when resolving the question of permission later, at the merits stage. Finally, finds the district court did not abuse its discretion in finding Gorss failed to meet that burden.

Indiana Supreme Court 

Harold Arrendale v. American Imaging & MRI, LLC a/k/a Marion Open MRI; Isa Canavati, M.D.; Amy Sutton, N.P.; Allied Physicians, Inc. a/k/a Fort Wayne Neurological Center; Alexander Boutselis, M.D.; John Dean, M.D.; Donald Bruns, M.D.; Marion General Radiology, Inc.; Jon Karl, M.D.; and Orthopaedics Northeast, P.C. 
21S-CT-370
Civil tort. Reverses summary judgment awarded to Marion Open MRI in a suit brought by Harold Arrendale. Finds Sword v. NKC Hospitals, Inc., 714 N.E.2d 142 (Ind. 1999) and Section 429 of the Restatement (Second) of Torts’ apparent agency principles apply to nonhospital medical entities that provide patients with health care. Also finds that Arrendale has shown there are genuine issues of material fact as to whether the radiologist who read and interpreted his MRIs was an apparent agent for defendant Marion Open MRI. Remands for further proceedings.

Darci Wilson v. Anonymous Defendant 1
21S-CT-371
Civil tort. Reverses the grant of summary judgment in favor of Anonymous Defendant 1 in a dispute with Darci Wilson. Finds that under Section 267 of the Restatement (Second) of Agency, a medical provider may be held liable for the acts of an apparent agent based on the provider’s manifestations of an agency relationship with the apparent agent, which causes a third party to rely on such a relationship. Also finds that there existed disputed issues of fact as to whether Anonymous Defendant 1 held out Wilson’s physical therapist as its apparent agent. Remands for further proceedings. Justice Geoffrey Slaughter concurs in judgment with separate opinion.

Friday opinions

Court of Appeals of Indiana

Cyrille J. Catellier v. Tim K. Catellier, Eli Catellier, Allie Grigsby, and Bobbie Baldwin (mem. dec.)
21A-CP-1243
Civil plenary. Affirms the denial of Cyrille J. Catellier’s motion to correct error, filed following the Hendricks Circuit Court’s denial of his motion for relief from judgment, which challenged the order enforcing a mutual release, covenant not to sue and settlement agreement between Cyrille, Tim Catellier and Bobbie Baldwin. Finds the trial court did not abuse its discretion when it denied Cyrille’s motion for relief from judgment because he did not raise a meritorious claim or defense, and thus the trial court did not abuse its discretion when it denied Cyrille’s motion to correct error. Judge Elaine Brown dissents with separate opinion.

Justin Black v. State of Indiana (mem. dec.)
21A-CR-1703
Criminal. Affirms the revocation of Justin Black’s probation and the order that he serve the remaining 2,100 days of his six-year suspended sentence in the Indiana Department of Correction. Finds the Decatur Superior Court did not abuse its discretion.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of M.D. and T.D. (Minor Children), and N.W. (Mother) and T.D. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-2312
Juvenile termination of parental rights. Affirms the termination of mother N.W. and father T.D.’s parental rights to their minor children, M.D. and T.D. Finds clear and convincing evidence supports the Delaware Circuit Court’s conclusion that there is a reasonable probability of unchanged conditions, and that termination of T.D.’s parental rights is in the children’s best interests.

Kenneth R. Pitts, Jr. v. State of Indiana (mem. dec.)
21A-CR-2564
Criminal. Affirms Kenneth R. Pitts Jr.’s aggregate 30-year sentence for his convictions of Level 2 felony voluntary manslaughter and Level 2 felony burglary. Finds Pitts has failed to carry his burden to show that his sentence is inappropriate.