Court opinions

7th Circuit Court of Appeals
Kristie A. Alley v. Penguin Random House
21-3158
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard Young.
Civil. Affirms the grant of summary judgment to Penguin Random House on Kristie Alley’s retaliation claim, and the earlier dismissal of her breach of contract claim. Finds a reasonable juror could not find that Alley’s demotion was due to her engagement in a protected activity. Also finds Penguin’s employee Code of Conduct did not convert Alley’s at will employment into a contractual relationship. Judge Candace Jackson-Akiwumi dissents with separate opinion.

Court of Appeals of Indiana
Indiana Office of Utility Consumer Counselor, Duke Industrial Group, and Citizens Action Coalition of Indiana, Inc. v. Duke Energy Indiana, LLC, and Indiana Utility Regulatory Commission
22A-EX-1685
Agency action. Affirms the Indiana Utility Regulatory Commission’s grant of Duke Energy Indiana LLC’s petition for approval of a six-year plan for transmission, distribution and storage system improvements pursuant to Indiana Code § 8-1-39-10(a). Finds the IURC neither misapplied the challenged section of the TDSIC statute nor failed to make necessary factual findings.

Court of Appeals of Indiana
In re the Paternity of C.R. Korey B. Ricciardi v. Christina Feiock (mem. dec.)
22A-JP-2255
Juvenile paternity. Reverses the Johnson Circuit Court’s order finding father Korey B. Ricciardi in contempt and any associated sanctions, including those related to makeup visits and that Ricciardi pay $1,500 to mother Christina Feiock’s attorney. Finds Ricciardi’s conclusion that Feiock was not entitled to midweek parenting time was not unreasonable. Also finds Ricciardi did not willfully disobey the court’s order. Finally, finds Ricciardi has demonstrated prima facie error.

Court of Appeals of Indiana
David Kelly v. Paul Goldberg and The Crown Hill Cemetery d/b/a Crown Hill Cemetery (mem. dec.)
22A-CT-2266
Civil tort. Reserves the Marion Superior Court’s order granting Paul Goldberg’s Verified Motion to Set Aside Default Judgment. Finds the trial court abused its discretion in granting Goldberg relief under Trial Rule 60(B). Remands with instructions to reinstate default judgment in favor of David Kelly.

Court of Appeals of Indiana
Raylu Enterprises, Inc. v. City of Noblesville, Indiana
22A-PL-2243
Civil plenary. Affirms the Hamilton Superior Court decision to grant the city of Noblesville’s motion to strike an inverse-condemnation claim made by Raylu Enterprises Inc. against the city. Finds the trial court did not abuse its discretion in striking Raylu’s inverse-condemnation counterclaim.

Court of Appeals of Indiana
Darin M. Haberkorn v. State of Indiana
22A-CR-2150
Criminal. Affirms Darin Haberkorn’s conviction of Class B misdemeanor harassment. Finds sufficient evidence supports Haberkorn’s harassment conviction. Also finds the Allen Superior Court did not commit fundamental error in instructing the jury.

Court of Appeals of Indiana
Matthew Joseph Frazier, Jr. v. State of Indiana (mem. dec.)
22A-CR-686
Criminal. Affirms Matthew Frazier’s conviction of attempted residential entry. Finds the state presented sufficient evidence in the Marion Superior Court to support Frazier’s conviction.