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Court of Appeals of Indiana
Tradewinds Holding Company, Inc. v. CPUS Anson Building 8A, LP
No. 25A-PL-347

Appeal from Boone Superior Court, Judge Matthew C. Kincaid. Tradewinds Holding Company, Inc. appealed the Boone Superior Court’s partial summary judgment in favor of CPUS Anson Building 8A, LP, which found Tradewinds breached their lease agreement. The trial court awarded Anson over $3.5 million in damages, along with attorney fees and post-judgment interest. The appellate court affirmed Tradewinds’ breach of contract but found that the trial court erred in its damages calculation. The case was remanded for a recalculation of the damages owed by Tradewinds, specifically addressing the timeline for when rents and associated costs became due. Judge Scheele authored the opinion, with Judges Brown and Felix concurring. Appellants’ attorney: Alexander P. Pinegar, Church Church Hittle + Antrim, Noblesville, Indiana. Appellees’ attorneys: Jenny R. Buchheit, Robert A. Jorczak, Christina L. Fugate, Adam M. Alexander, Ice Miller LLP, Indianapolis, Indiana. This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.

Indiana Tax Court
United Parcel Service, Inc. v. Indiana Department of State Revenue
No. 24T-TA-00018

This case addresses whether fuel used by UPS vehicles on private roads is exempt from Indiana’s Special Fuel Tax as fuel used for “nonhighway purposes.” The Indiana Department of State Revenue denied UPS’s refund claims for special fuel tax paid, arguing that fuel consumed on private roads was related to highway operations. The Court found the plain meaning of the statutory language supports that fuel used on private roads falls under the exemption for nonhighway purposes, noting that such usage is distinct from public highway use. Consequently, the Court granted partial summary judgment in favor of UPS, affirming that the fuel consumed on private roads is exempt from the tax. Judge Justin L. McAdam authored the opinion. Petitioners’ attorneys: Maggie L. Smith, Darren A. Craig, FBT Gibbons, Indianapolis, Indiana; and Daniel G. Mudd, FBT Gibbons, Louisville, Kentucky. Respondent’s attorneys: Office of the Indiana Attorney General.

This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.

7th Circuit Court of Appeals
Kayla Smiley v. Katie Jenner
No. 23-2543

Civil. Appeal from the United States District Court for the Southern District of Indiana, Judge James P. Hanlon. Affirms the district court’s denial of Smiley’s motion for a preliminary injunction against Indiana’s law prohibiting instruction on human sexuality for students in pre-kindergarten through third grade. The court concluded Smiley did not demonstrate a likelihood of success on her First or Fourteenth Amendment claims, stating that the law does not significantly infringe on protected speech and is not unconstitutionally vague. Judge Scudder authored the opinion. Judges Jackson-Akiwumi and Pryor concur.

This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.

Court of Appeals of Indiana
Jeffrey Haskins v. Financial Builders Federal Credit Union
No. 25A-PL-1810

Civil. Appeal from the Howard Superior Court, Judge Ryan D. Washburn, Judge Pro Tempore. Affirms the trial court’s grant of Financial Builders Federal Credit Union’s motion to dismiss Haskins’ claim for overdraft fees as time-barred. The court concludes that Haskins’ claim, arising from overdraft fees charged more than two years prior to filing, is subject to the two-year limitations period for actions upon a deposit account as defined under Indiana law. Judge Scheele authored the opinion. Judges Brown and Felix concur. Appellant’s attorneys: Lynn A. Toops, Gabriel A. Hawkins, Lisa M. LaFornara, Cohen & Malad, LLP, Indianapolis, Indiana. Appellee’s attorneys: Finis Tatum IV, Janet L. Thompson, Gordon Rees Scully Mansukhani LLP, Indianapolis, Indiana. Amici curiae attorneys: Libby Y. Goodknight, Brett J. Ashton, Krieg DeVault LLP, Indianapolis, Indiana.

This content was created with the assistance of artificial intelligence and has been reviewed by an editor for accuracy.