Indiana Court of Appeals
Randy C. Axelrod, M.D. v. Anthem, Inc. and all of its affiliates, WellPoint, Inc., and Amgen, Inc.
19A-PL-1171
Civil plenary. Affirms the denial of Randy C. Axelrod’s motions for a mistrial or a new trial after a jury returned a verdict in favor of Anthem Inc. and all of its affiliates, WellPoint Inc. and Amgen Inc. Finds the Marion Superior Court did not misapply Indiana Trial Rule 60(B)(3).
A man’s three-year sentence for domestic battery and contempt of court was affirmed Tuesday by the Indiana Court of Appeals.
Indiana Court of Appeals
Jeffrey Archer v. State of Indiana
20A-CR-1677
Criminal. Reverses the grant of the state’s motion to quash Jeffrey Archer’s notice of deposition. Finds the state did not meet its showing of a paramount interest in non-disclosure under the Dillard test, so the Marion Superior Court abused its discretion by quashing the subpoena for L.B.’s deposition. Remands for proceedings.
An alleged child molesting victim must be deposed by her alleged molester’s defense team again, the Indiana Court of Appeals has ruled, finding the defendant is entitled to take a second deposition as he prepares for a second trial.
Indiana Court of Appeals
Tanika Stewart v. State of Indiana
20A-CR-1809
Criminal. Affirms Tanika Stewart’s felony murder conviction. Finds Stewart’s challenge to the admission of State’s Exhibit 34, video surveillance footage, is waived, and the Vanderburgh Circuit Court did not abuse its discretion in admitting State’s Exhibits 43 through 45, also video footage, due to their quality. Also finds any error in the exclusion of witness Antonio Bushrod’s statements was harmless. Finally, finds the state presented sufficient evidence to rebut Stewart’s self-defense claim.
An order for a brother to pay nearly $245,000, including more than $100,000 in attorney fees, in a dispute with his siblings over a breach of their mother’s revocable trust was affirmed Friday by the Indiana Court of Appeals.
Indiana laws restricting the delivery of wine to consumers have been upheld by a federal judge who rejected constitutional challenges from an out-of-state retailer, in contrast to another recent ruling in a case challenging state alcohol licensing laws.
A federal appeals court in California refused Thursday to permit 14 states led by Republican governors to challenge the overturning of a Trump-era immigration rule affecting hundreds of thousands of people. A panel of the 9th U.S. Circuit Court of Appeals ruled 2-1 against permitting intervention by the states, including Indiana.
The following Indiana Supreme Court opinion was posted after IL deadline Wednesday:
David Branscomb and Tammy Branscomb v. Wal-Mart Stores East, L.P. and James Clark
20S-CQ-515
Certified question. Answers a certified question from the U.S. District Court for the Northern District of Indiana and holds that when there are no allegations that a store manager controlled the premises where alleged harm occurred, he or she cannot be held liable under Indiana law. Finds plaintiffs David and Tammy Branscomb cannot recover from store manager James Clark based on their failure to properly hire, train and supervise claim, their failure to have and/or implement proper safety policies and procedures claim, or their failure to inspect and maintain the property claim.
The Indiana Attorney General’s Office waited too long to file claims under a crime insurance policy after a former Lawrenceburg city official absconded with more than $40,000 in misappropriated public funds, the Indiana Court of Appeals ruled Thursday, finding for the insurer and reversing a trial court judgment in favor of the state.
Ruling in a case presenting “somewhat unusual circumstances,” the Indiana Court of Appeals reversed the denial of a petition for grandparent visitation, finding the trial court had erred in determining the visitation would not be in the granddaughter’s best interests. The appeals court remanded for proceedings to establish a grandparent visitation order in the case.
Indiana Court of Appeals
Herco, LLC v. Auto-Owners Insurance Company
20A-PL-1682
Civil plenary. Affirms the grant of summary judgment in favor of Auto-Owners Insurance Company in a dispute with Homeowners’ Equity & Realty Corporation LLC. Finds HERCO’s second suit is barred by res judicata. Also finds HERCO could have raised its breach of contract and bad faith claims in the first suit in Lake Superior Court but chose not to do so.
A son who inherited the family business from his father must make his assets available for an appraisal after the Indiana Court of Appeals determined he may have received a “gift” subject to an abatement.
A trial court properly rejected a second lawsuit brought by a Gary property owner who had already sued its insurer for coverage in a previous case involving the same parties, losses and issues, the Indiana Court of Appeals ruled Wednesday.
Indiana Court of Appeals
The City of Bloomington, et al. v. Andrew Guenther, et al. (mem. dec.)
20A-MI-1900
Miscellaneous. Affirms the denial of the motion to dismiss filed by the city of Bloomington, Mayor John Hamilton, Christopher Cockerham and Nicholas Kappas, which challenged the amended verified complaint for declaratory judgment and writ of quo warranto filed by William Ellis and Andrew Guenther in reference to a Planning Commission appointment. Finds the petitioners have stated sufficient facts to demonstrate that they have standing to bring their complaint for declaratory judgment and request for a writ of quo warranto. Also finds the Monroe Circuit Court did not err in denying the motion to dismiss.
Indiana Court of Appeals
Dawn Riddle and Matthew Riddle v. Syed J. Khan, Chaitanya Chekkilla, and Christopher H. Scruton
20A-PL-1441
Civil plenary. Affirms the grant of summary judgment to Dr. Syed J. Khan, Dr. Chaitanya Chekkilla and Christopher J. Scruton on the claim brought by Dawn and Matthew Riddle under 42 U.S.C. § 1983 for allegedly treating the Riddles’ children without permission. Finds undisputed evidence from which the Tipton Circuit Court could have determined the Riddles were aware of Khan’s alleged violations, which fell outside the statute of limitations period, and Khan’s actions were not part of a continuing wrong that extended the statute of limitations period as to him. Also finds Scruton was not entitled to summary judgment on the statute of limitations period, but because there was no material evidence showing he joined or conspired with the Indiana Department of Child Services to deprive the Riddles of their constitutional rights and no dispute of material fact that he actually deprived them of a constitutionally protected right, he was entitled to summary judgment on those grounds. Finally, finds the Riddles have not presented or designated evidence to establish that Chekkilla was a state employee or that she conspired or joined with any state officials to deprive the Riddles of their constitutional rights of any kind.
The Supreme Court of the United States sided Monday with Google in an $8 billion copyright dispute with Oracle over the internet company’s creation of the Android operating system used on most smartphones worldwide.
A federal judge has dismissed the latest attempt by property owners in a northwestern Indiana town to deny public access to Lake Michigan beaches.
Indiana Court of Appeals
Anthony Hughes, et al. v. First American Title Insurance Co.
20A-PL-01850
Civil plenary. Affirms the Howard Circuit Court order granting summary judgment to First American in litigation filed by Anthony Hughes seeking damages related to an easement not disclosed in a title examination and for a judgment entered against Hughes in a related lawsuit. Finds the Hughes parties should be reimbursed as the trial court ruled, for the actual loss they suffered in reliance on their policy of title insurance, and such loss is the diminution in value of the property caused by the existence of the easement.
The Supreme Court of the United States on Thursday unanimously upheld federal regulators’ decision to ease ownership limits on local media, rejecting a claim that the change would hurt minority and female ownership.