COA upholds burglary conviction after man takes father’s truck
A man who took a truck belonging to his deceased father from his ex-wife’s house has failed in his attempt to overturn his felony burglary conviction at the Court of Appeals of Indiana.
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Indiana Court Decisions: Feb. 22-March 8, 2023
Read Indiana appellate court decisions for the most recent reporting period.
Appellate court reverses summary judgment, remands for payment in dispute between insurers
Overturning summary judgment in a dispute between insurance providers, the Court of Appeals of Indiana ruled Tuesday that the trial court erred in granting summary judgment to the insurer that hadn’t met its payment obligation.
Opinions March 14, 2023
Court of Appeals of Indiana
United Farm Family Mutual Insurance Company v. Hudson Insurance Company
22A-PL-00544
Civil plenary. Reverses summary judgment in insurance claim case. Finds the Marion Superior Court erroneously granted summary judgment in favor of Hudson Insurance Company. Remands for further proceedings to assess the amount of “statutory interest and all legal fees and costs incurred in pursuing collection until the award is paid.”
COA: Man who hid from police, pulled arm away met definition of resisting law enforcement
A Shelbyville man who hid from police in an attic and pulled his arm away during an attempted arrest was properly found guilty of resisting law enforcement, the Court of Appeals of Indiana ruled in affirming a trial court’s decision.
Robbery and drug conviction holds due to evidence, 7th Circuit finds
The 7th Circuit Court of Appeals affirmed a robbery, drug and gun-related conviction, ruling there had been sufficient evidence provided at the district court.
7th Circuit imposes NLRB proposed sanctions, fine in collective bargaining case
The 7th Circuit Court of Appeals has found a northern Indiana construction company in contempt and imposed most of the National Labor Relations Board’s proposed sanctions against the company, including a $192,400 fine.
Opinions March 13, 2023
Court of Appeals of Indiana
Gregory Wireman v. LaPorte Hospital Co., LLC
22A-CT-2639
Civil tort. Affirms summary judgment in favor of the LaPorte Hospital. Finds the LaPorte Circuit Court did not err by concluding that the doctrine of res ipsa loquitur does not apply to Gregory Wireman’s claims.
Justices grant transfer to Ball State student’s COVID breach-of-contract class action, 2 other cases
Indiana Supreme Court justices have agreed to consider a case involving a student who filed a class action lawsuit against Ball State University for COVID-related closures.
7th Circuit reverses lower court’s finding in First Amendment case, affirms severability determination
Monroe County’s variance procedure operated as a prior restraint of speech, but it didn’t amount to a First Amendment violation, the 7th Circuit Court of Appeals has ruled in reversing a district court’s finding and vacating a permanent injunction.
Opinions March 10, 2023
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.
COA: State law supports approval for Duke’s $2 billion economic development plan
Duke Energy will be able to proceed with a nearly $2 billion economic development plan after the Court of Appeals of Indiana ruled a regulatory commission’s approval met the requirements of state law.
Opinions March 9, 2023
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.
Merrillville attorney convicted of child porn possession suspended 2 years; 2 justices vote for disbarment
A northwest Indiana attorney who last year pleaded guilty to possession of child pornography will be suspended from the practice of law for at least two years without automatic reinstatement. Two justices, however, voted in favor of disbarment.
Prohibition of e-cigarettes, nicotine products in county jail went too far, COA affirms
An attempt by county commissioners to regulate e-cigarette and nicotine use in the local jail went too far, the Court of Appeals of Indiana has affirmed.
IN justices vacate, remand trial court’s ruling in Montgomery Co. flooding case
The Indiana Supreme Court has vacated a trial court’s order finding that improvements to a drain caused repeated flooding to a Montgomery County couple’s farmland, ruling the trial court left one question unresolved.
Opinions March 8, 2023
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.
Shipbuilder not entitled to research tax credit, 7th Circuit affirms
The 7th Circuit Court of Appeals has affirmed the denial of a research tax credit for a southern Indiana shipbuilder.
Opinions March 7, 2023
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.
Sprinkler company sued after office leak wins summary judgment from IN Supreme Court
The Indiana Supreme Court has reversed a trial court decision denying U.S. Automatic Sprinkler Corporation’s summary judgment motions in a property damage dispute. The court remanded the case for the entry of summary judgment in favor of the company.