Court opinions

The following 7th Circuit Court of Appeals was posted after IL deadline on Thursday.
Rexing Quality Eggs v. Rembrandt Enterprises, Inc.
19-2146
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Chief Judge Jane Magnus-Stinson.
Civil. Affirms the Southern District Court’s decision, finding that the proceedings at hand were logically part of Rexing I and that the attempt to rehash them in Rexing II was an impermissible effort at claim splitting.

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Wednesday.
Carl Castetter v. Dolgencorp, LLC
19-2026
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Theresa L. Springmann.
Civil. Affirms the district court’s summary judgment ruling in favor of Carl Castetter’s employer, Dolgencorp, on his claim of disability discrimination. Finds Castetter’s claims are insufficient to meet the level of proof that his disability following cancer treatment was the “but for” cause of his termination.

Indiana Court of Appeals
Guadalupe Pava v. State of Indiana
19A-CR-716
Affirms Guadalupe Pava’s conviction in Marion Superior Court of battery by a person at least 18 years of age resulting in bodily injury to a person less than 14 years of age as a Level 5 felony. Finds the objective reasonableness standard adopted in Willis v. State,888 N.E.2d 177 (Ind. 2008), would provide sufficient notice of what conduct crosses the line from mere discipline of a child to battery. Also finds Pava has failed to carry her burden of demonstrating that the battery statute is unconstitutionally vague as applied to her specific act of repeatedly striking P.P. with an electrical cord. Finally, finds the state submitted ample evidence to demonstrate beyond a reasonable doubt that Pava used an unreasonable amount of force, thus disproving her defense of parental privilege.

Indiana Court of Appeals
In the Matter of the Revocable Trust Agreement Created by the Settlor, Anil Kumar Sarkar, Dipa Sarkar v. Anuradha (“Mili”) Sarkar Naugle
19A-TR-1814
Trust. Affirms the Vigo Superior Court’s findings of facts and conclusions in favor of Anuradha Sarkar Naugle, concluding that the revocable trust was not created in contemplation of death and for the purpose of defeating Dipa Sarkar’s spousal elective share. Finds Dipa cannot satisfy her statutory election to take against the will from the assets in her deceased husband’s inter vivos trust.

The following 7th Circuit Court of Appeals opinions were posted after IL deadline Friday:
Molly Joll v. Valparaiso Community Schools
18-3630
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge John E. Martin.
Civil. Reverses the grant of summary judgment to Valparaiso Community Schools on Molly Joll’s sex discrimination claim but affirms the grant of summary judgment on Joll’s age discrimination claim. Finds Joll offered evidence that would allow a reasonable jury to find that the school district used hiring procedures tilted in favor of male applicants, applied sex-role stereotypes during the interview process and manipulated the criteria for hiring in ways that were inconsistent except that they always favored male applicants. Remands for trial on the sex discrimination claim. Judge Kenneth Ripple dissents with separate opinion.