Court opinions

The following 7^th Circuit Court of Appeals opinion was posted after IL deadline on Wednesday.
DeWayne Perry v. Richard Brown
19-1683
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge William T. Lawrence.
Civil. Vacates the Southern District Court’s ruling that equitable tolling is only possible when an “external obstacle” impeded timely filing. Finds the district court needs to determine whether a brain injury caused DeWayne Perry’s delay in seeking habeas review under 28 U.S.C. §2254, and if so whether circumstances as a whole justify equitable tolling. Finds Perry’s medical condition could frustrate his ability to gather and present such evidence on his own, therefore making it appropriate for the district court to appoint counsel to assist him. Remands for proceedings.

Indiana Court of Appeals
Monika Schmidt v. Allstate Property and Casualty
19A-CT-01489
Civil tort. Reverses the Johnson Superior Court’s grant of Allstate Property and Casualty Insurance Co.’s motion for summary judgment on Monika Schmidt’s bad faith claim and its finding that an insurer does not owe a duty of good faith and fair dealing to an insured who is not the policyholder. Finds the trial court erred in granting summary judgment on that basis. Remands for further proceedings on Schmidt’s bad-faith claim, including her motion for sanctions and contempt.

7th Circuit Court of Appeals
Whirlpool Corporation v. Wells Fargo Bank, N.A.
18-3363
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Affirms the award of summary judgment to Wells Fargo Bank against Whirlpool Corporation in the latter’s adversary action against Wells Fargo. Finds the bankruptcy judge correctly subordinated Whirlpool’s reclamation claim to the debtor-in-possession financing lien.

Indiana Court of Appeals
Michael Shepard v. State of Indiana
19A-CR-02065
Criminal. Affirms Michael Shepard’s conviction of Level 6 felony battery resulting in moderate injury. Finds Shepard’s 30-month sentence imposed in Howard Circuit Court is not inappropriate considering the nature of the offense and his character.

7^th Circuit Court of Appeals
Gail Martin v. Andrew M. Saul
19-1957
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Magistrate Judge Susan Collins.
Civil. Reverses the denial of disability benefits to Gail Martin, finding a second administrative law judge’s decision was not supported by substantial evidence. Orders the award of benefits for Martin, finding her disabled.

Indiana Court of Appeals
Richard R. Shore v. State of Indiana (mem. dec.)
19A-CR-1463
Criminal. Affirms Richard Shore’s conviction of Class A misdemeanor intimidation. Finds sufficient evidence to support the conviction and to establish that proper venue was in Warren County.

Indiana Court of Appeals
Duke Energy Indiana, Llc v. J & J Development LLC
19A-PL-00735
Civil plenary. Reverses the Clark Circuit Court’s grant of summary judgment to J&J Development Company, LLC and against Duke Energy Indiana, LLC. Finds improvements made by J&J within an easement owned by Duke did unreasonably interfere with the easement’s use. Remands for the entry of summary judgment in favor of Duke, including an injunction requiring J & J to remove the challenged improvements.

The following Indiana Supreme Court opinion was posted after IL deadline Friday.
S.H. v. D.W.
19S-PO-118
Protective order. Reverses the Bartholomew Superior Court’s grant of a second protective order against S.H. that was requested by D.W. Finds insufficient evidence to support the trial court’s entry of another two-year protective order. Remands with instructions to vacate entry of the second protective order. Justice Christopher Goff dissents with a separate opinion in which Justice Mark Massa joins.