Indiana Supreme Court
Collins Asset Group, LLC v. Alkhemer Alialy|
19S-CC-531
Civil collection. Reverses and remands the Hamilton Superior Court’s dismissal of a complaint brought by Collins Asset Group LLC for missed payments on a promissory note entered into by Alkhemer Alialy. Finds that CAG can assert its claim under either Ind. Code § 34-11-2-9 (2019) or § 26-1-3.1-118(a) (2019).
The Indiana Supreme Court on Monday reversed the dismissal of a complaint brought for missed payments on a promissory note, finding the lender’s claim is timely.
The Indiana Supreme Court has affirmed a trial court’s order that foreclosed a couple’s interest in two mortgaged properties, concluding that the lender filed suit against the borrowers within the applicable statutes of limitations.
A panel of appellate judges has reversed and remanded the grant of a former Crawford County employee’s untimely motion for extension in a lawsuit alleging that she failed to withhold employee insurance contributions from her own paycheck.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday.
Brandi Lutes v. United Trailers, Inc.
19-1579
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller.
Civil. Affirms in part and reverses in part the district court’s entry of summary judgment for United on the estate of Buddy Phillips’ wrongful termination claim. Affirms judgment for United on Phillips’ retaliation claim but reverses and remands for proceedings on his claim of interference with his rights under the Family and Medical Leave Act.
A divided Indiana Court of Appeals has permitted a man to prosecute his complaint against an Indianapolis Metropolitan Police Department employee who crashed into his vehicle. The appellate majority concluded the extreme remedy of dismissal for failure to prosecute was not warranted in the case.
The city of Fort Wayne is entitled to tax revenues for providing fire protection services to annexed land in Allen County, but past revenues will stay with the original fire protection district that served the area before the annexation, the Indiana Court of Appeals ruled Friday. A dissenting judge, however, questioned whether the case should have proceeded in the Indiana Tax Court instead.
A child molester obtained no relief Friday in his appeal that challenged everything from the seating of jurors to the nine-year executed sentence imposed on him after he was convicted of sex crimes against an 8-year-old girl.
A trailer factory worker’s lawsuit against the employer who fired him after he sustained a broken rib was partially reinstated by the 7th Circuit Court of Appeals, which found there may be evidence the company interfered with his rights under the Family and Medical Leave Act.
The majority of a divided Indiana Court of Appeals panel has reversed the admission of drug evidence obtained from a pat-down search after a traffic stop, finding officers lacked a reasonable belief that the driver was armed and dangerous.
The following 7th 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.
Questions about whether a man’s brain injury caused his delay in seeking review in his case should be determined by the Southern District Court, and if so, whether the circumstances collectively justify the use of equitable tolling, the 7th Circuit Court of Appeals ruled Wednesday.
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.
The Indiana Tax Court has reversed an Indiana Board of Tax Review’s final determination, answering the dispositive issue of whether an assessor should have capped a homeowner’s 2013 property tax liability at 1% instead of 2% of her property’s gross assessed value.
A woman’s bad-faith claim against her friend’s insurance company has been reinstated by the Indiana Court of Appeals, which determined that the trial court erred in concluding that an insurer does not owe a duty of good faith and fair dealing to an insured who is not the policyholder.
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.
A man ordered to stay away from all Family Dollar stores in Marion County after his robbery conviction could not convince the Indiana Court of Appeals that his probation order was overly broad.
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.
7th 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.
A man sentenced to 145 years after he was convicted of sexually assaulting his fiancé has been granted post-conviction relief on appeal. The Indiana Court of Appeals concluded the man was entitled to relief based on his appellate counsel’s ineffectiveness.