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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 Thursday:
7th Circuit Court of Appeals
Equal Employment Opportunity Commission v. Village At Hamilton Pointe LLC, d/b/a Hamilton Pointe Health and Rehabilitation Center; d/b/a Hamilton Pointe Assisted Living Center; d/b/a The Cottages at Hamilton Pointe and Tender Loving Care Management, LLC,
22-2806
Civil. Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Senior Judge Richard Young. Affirms the district court granting Tender Loving Care Management’s motion for summary judgment with respect to the claims of some of the employees and also granting Hamilton Pointe’s motion for partial summary judgment with respect to the claims of 40 employees. Also affirms a jury’s damage award to one employee. Finds the district court correctly granted partial summary judgment on the claims of the 15 class members before the circuit court on appeal. Also finds the district court committed no reversible error during the trial of the remaining racial harassment claims. Finally, finds correctly held that TLC was not an employer within the meaning of Title VII.
Indiana Supreme Court
Richard Bojko, Patricia Gadzala, Katie Greenberg, Vernita Johnson-Macklin, Kurt Claussen, and Rachael Richardson v. Anonymous Physician and Anonymous Medical Practice, et.al.
23S-CT-343
Civil tort. Reverses the Lake Superior Court’s granting of a petition that sought redaction of a deceased physician’s wife’s complaint, as well as any mention of its contents in the patients’ submissions to a medical review panel. Finds that trial courts have no authority to act as gatekeeper of the evidence a party submits to a medical review panel. Also finds that the third-party complaint is evidence, the court lacked the authority to order the patients to redact their submissions. Remand for proceedings consistent with the opinion.
Friday opinions
Indiana Court of Appeals
Johnny W. Brown v. State of Indiana
23A-CR-330
Criminal. Reverses Johnny Brown’s conviction of Class C felony child molesting. Finds that When Brown turned 21 years old, his case fell into the jurisdictional gap the Indiana Supreme Court identified in D.P. and Neukam. Also finds that while statutes that became effective on July 1, 2023, cured this jurisdictional gap, retroactive application of these statutes to Brown would violate his right under the United States Constitution to be free of ex post facto laws. Remands with instructions for the trial court to dismiss.
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