The Indiana Court of Appeals has upheld a northern Indiana jury’s award of more than $112 million for a Carmel spine surgeon who won a royalty battle against medical device manufacturers.
Indiana Court of Appeals
Matthew Powell v. State of Indiana (mem. dec.)
20A-CR-1371
Criminal. Affirms Matthew Powell’s aggregate 15-year sentence for conviction in Fayette Superior Court of Level 4 felony dealing in methamphetamine and his habitual offender status. Finds Powell’s sentence was not inappropriate considering his character. Also finds Powell is not entitled to a sentence reduction pursuant to Indiana Appellate Rule 7(B).
Indiana Court of Appeals
Brandon McFadden v. State of Indiana (mem. dec.)
20A-CR-1221
Criminal. Affirms Brandon McFadden’s 4½-year sentence with one year suspended for conviction of Level 5 felony domestic battery by means of a deadly weapon. Finds that the Lake Superior Court did not abuse its discretion in its consideration of aggravating circumstances.
In a 7-2 decision, the 7th Circuit Court of Appeals on Tuesday rejected a federal death row inmate’s request for an en banc rehearing after a panel of the court in October refused to stay his execution due to his claimed mental incapacity.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday.
USA v. Travis Barrett
19-2254
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Criminal. Affirms Travis Barrett’s 97-month imprisonment followed by 10 years of supervised release. Finds that Barrett waived his challenge to Condition 31 of his proposed conditions of supervised release by not presenting it to the district court.
A split Indiana Supreme Court has affirmed a man’s drug-related conviction after the Indiana Court of Appeals previously reversed in his favor, finding a search and seizure that resulted in his arrest proceeded within the bounds of the Fourth Amendment.
The 7th Circuit Court of Appeals on Monday affirmed a man’s sentence after deciding to bring closure to a recurring issue faced in recent years regarding criminal defendants’ contentions about unconstitutionally vague conditions of supervised release.
The murder conviction of a woman whose voluntary manslaughter plea was rejected by a judge after the woman insisted she shot a man in self-defense was affirmed on appeal Monday.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday.
Dennis Troyer v. National Futures Association
20-1422
Appeal from the U.S. District Court for the Northern District of Indiana, Fort Wayne Division. Magistrate Judge Susan L. Collins.
Civil. Affirms summary judgment in favor of National Futures Association and denial of Dennis Troyer’s motion for summary judgment. Finds that NFA Bylaw 301 is not applicable in this case.
A man who was found walking barefoot two miles from his home with glass in his feet was not wrongly ordered committed, the Indiana Court of Appeals ruled Monday.
A man who was among a group of armed, masked people who entered a house around 3 a.m. on a November morning four years ago leading to a fatal gun battle lost his appeal of murder and attempted murder convictions Monday.
The widow of a man who was killed by his grandson after numerous mental health treatments lost an appeal of a ruling against her negligence claims against health care providers Monday.
A mother was wrongly denied her petition for visitation with her daughter who is the subject of a guardianship, the Indiana Court of Appeals ruled Monday. The appellate court remanded the case to give the mother her day in court.
The 65-year sentence of a man convicted of murder was affirmed Monday on appeal, but a judge wrote separately to “address a practical dilemma facing appellate courts, lawyers, and litigants” after recent appeals revised longstanding double jeopardy caselaw.
The sentence of a man convicted of child molesting was reduced and some of his convictions were vacated Monday by the Indiana Court of Appeals, which found the filing of top-level felony counts two weeks before the trial began was an abuse of discretion.
A derivatives investor whose longtime association with a trader soured before the trader was barred from dealing in commodity futures lost his appeal of a ruling in favor of the entity that regulates those traders.
With coronavirus cases surging again nationwide, the Supreme Court last week barred New York from enforcing certain limits on attendance at churches and synagogues in areas designated as hard hit by the virus.
7th Circuit Court of Appeals
BRC Rubber & Plastics, Inc. v. Continental Carbon Company
20-1011
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Magistrate Judge Susan L. Collins.
Civil. Affirms the district court’s order for seller Continental Carbon Company to pay damages to buyer BRC Rubber & Plastics Inc. and the award of prejudgment interest to BRC for the cost of replacing lost supply at higher prices. Finds the district court properly applied Section 2-609 of the Uniform Commercial Code to find that the seller gave the buyer reasonable grounds for doubting that it would perform and that the seller repudiated by failing to provide adequate assurance that it would continue to perform. Also finds the court properly applied Section 2-712 to find that the buyer’s cover was commercially reasonable. Finally, finds the court did not err in awarding prejudgment interest.
The Indiana Court of Appeals has affirmed a preliminary injunction for Simon Property Group that prevented retail-clothing store Abercrombie & Fitch from permanently closing stores in dozens of Simon malls.
A lawsuit against a hospital over a former employee who accessed confidential medical records without authorization will be heard by the Indiana Supreme Court.