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Indiana Supreme Court 
Keith D. Harper v. S&H Leasing, LLC; K&K Real Estate Holdings, LLC; Thomas Hagen; Brian Brisco; and Jeremy Noetzel
26S-PL-111

Civil. Appeal from the Elkhart Superior Court, Judge Stephen R. Bowers. Affirms the trial court’s judgment awarding treble damages under the Crime Victim’s Relief Act, ruling that money does not need to be considered “special chattel” for a civil claim of criminal conversion. The Supreme Court said the definition of a crime for the purposes of a Crime Victim’s Relief Act award is limited to its statutory elements. And it concluded that Harper knowingly exerted unauthorized control over the disputed funds he transferred to his personal accounts for his benefit. Justice Slaughter authored the opinion. Chief Justice Rush and Justices Massa, Goff and Molter concur. Appellant’s attorney: Adam J. Sedia, Johnson & Bell P.C., Crown Point, Indiana. Appellees’ attorneys: James M. Lewis, Elizabeth A. Klesmith, THK Law LLP, South Bend, Indiana.

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

Indiana Supreme Court
Regina Geels v. Lindsay Flottemesch, Mackenzi Hatfield, and Stephanie Malinowski as Guardian for Marley Malinowski
No. 25S-PL-225

Civil. Appeal from the Allen Superior Court, Judge David J. Avery. Affirms the trial court’s imposition of a constructive trust over life-insurance proceeds in favor of the decedent’s daughters. Holds the defendant waived her Employee Retirement Income Security Act (ERISA)-preemption defense by failing to raise it at the trial-court level and could not rely on a co-defendant’s assertion of the defense or the parties’ stipulation that ERISA governed the policies; the court further concludes the trial court did not clearly err in finding a fiduciary relationship and breach of fiduciary duty, supporting imposition of a constructive trust under a clear-and-convincing-evidence standard. Justice Goff authored the opinion. Chief Justice Rush and Justice Massa and Justice Molter concur. Justice Slaughter dissents, stating he would deny transfer and allow the Court of Appeals’ decision to stand. Appellant’s attorney: Robert J. Palmer, May Oberfell Lorber, LLP, Mishawaka, Indiana. Appellees’ attorneys: Nathan S.J. Williams, Shannon K. Connors, Shambaugh Kast Beck & Williams, LLP, Fort Wayne, Indiana.

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