Opinions

7th Circuit Court of Appeals
Carlene M. Craig, et al. v. FedEx Ground Package System Inc.
10-3115
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Multidistrict litigation. Certifies two questions to the Kansas Supreme Court in a suit that was based on the Employee Retirement Income Security act and Kansas law regarding whether FedEx drivers are employees or independent contractors. Craig is the “lead” case in a nationwide class action.

7th Circuit Court of Appeals
Michael Dean Overstreet v. Bill Wilson, superintendent, Indiana State Prison
11-2276
U.S. District Court, Northern District of Indiana, South Bend Division, Chief Judge Philip P. Simon.
Civil. Finds Overstreet, who is sentenced to death, did not receive constitutionally ineffective assistance of counsel relating to the handling of an alleged plea bargain, the handling of spectators in the courtroom, and relating to the sentencing proceeding. Judge Wood dissents regarding the attorneys’ handling of the sentencing proceeding and would grant the petition for writ of habeas corpus limited to the sentence imposed.

Indiana Court of Appeals
In the Matter of the Adoption of N.W.R.; M.R. v. R.B. and R.B., and Indiana Dept. of Child Services
36A01-1109-AD-407
Adoption. Reverses the trial court’s grant of a petition to adopt to foster parents R.B. and R.B., and remands to the trial court with instructions to reconsider evidence after DCS completes investigation of aunt M.R. as a potential adoptive replacement. The court held that the trial court erred in denying DCS’ motion to withdraw consent for the petition after discovering it failed to conduct a complete adoptive placement investigation.

Indiana Court of Appeals
Derrick Baker v. State of Indiana (NFP)
48A02-1110-CR-929
Criminal. Affirms trial court conviction of dealing cocaine as a Class B felony.

7th Circuit Court of Appeals
U.S. v. Justin Cephus, Jovan Stewart, and Stanton L. Cephus
10-3838, 10-3840, 11-1098
Criminal. Affirms in a case involving conspiracy to entice underage girls to engage in prostitution and transport them across state lines the life sentences without parole of multiple convictions for Justin and Stanton Cephus. The order remands to the trial court to enable the judge to reconcile a discrepancy in Stewart’s sentence of 324 months in federal prison. The judge said Stewart’s sentences were to be served consecutively; the written order indicates the sentences are concurrent.

7th Circuit Court of Appeals
Nipponkoa Insurance Company, Ltd. v. Atlas Van Lines Inc.
3:09-CV-168
Civil plenary/contract. Reverses the U.S. District Court for the Southern District of Indiana’s summary judgment for defendant and remands for further proceedings, finding summary judgment inappropriate pending further determination of the relationship between plaintiffs, defendant and ancillary parties involved in a shipping loss.  

Indiana Court of Appeals
In Re: The Matter of the Paternity of S.C.: K.C. (Appellant), and C.C. (Appellee), and B.H. (Appellee-Intervenor)
30A01-1107-JP-322
Juvenile paternity. Reaffirms original opinion affirming Hancock Circuit Court’s ruling vacating a finding of paternity for C.C. because another paternity action on behalf of B.H. was pending in Fayette Circuit. The decision grants rehearing in Hancock Circuit, finding that mother, S.C., did not inform the Hancock court of B.H’s pending paternity proceeding.

Indiana Supreme Court
Annette (Oliver) Hirsch v. Roger Lee Oliver
29S02-1109-DR-530
Domestic relations/emancipation. Affirms the trial court ruling that father Roger Lee Oliver is not obligated to contribute to his daughter’s post-secondary expenses and remands to the trial court to determine the correct date of the daughter’s emancipation.

7th Circuit Court of Appeals
Zachary Medlock v. Trustees of Indiana University, et al.
11-3288
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Dismisses Medlock’s appeal of the denial of his request for a preliminary injunction to prevent the enforcement of a one-year suspension from the school. The appeal is moot because the 7th Circuit cannot grant any effectual relief.

7th Circuit U.S. Court of Appeals
Robert Jones v. C&D Technologies, Inc.
1:10-cv-696
Civil plenary. Affirms summary judgment for C&D Technologies, Inc. granted by U.S. District Court for the Southern District of Indiana, upholding that Jones was not entitled to benefits from the Family and Medical Leave Act because he did not receive treatment during his absence.

7th Circuit Court of Appeals
A.B., a child by his next friend, Linda Kehoe v. Housing Authority of South Bend
11-2581
U.S. District Court, Northern District of Indiana, South Bend Division, Chief Judge Philip P. Simon.
Civil. Dismisses appeal of the order denying A.B.’s motion for a preliminary injunction to prevent the housing authority from pursuing the eviction in state court. Since A.B. has already been evicted, the appeal is moot.

Indiana Court of Appeals
Gwen E. Morgal-Henrich v. David Brian Henrich
46A05-1111-DR-645
Domestic relation. Affirms the trial court did not abuse its discretion by applying the equal division presumption in dividing the marital assets. Reverses trial court’s use of $390 per week as David Henrich’s weekly gross income for purposes of calculating child support. Remands for a recalculation and recommends the trial court uses an income averaging calculation due to his fluctuating income.

Indiana Supreme Court
Sharon Gill, on her own behalf and on behalf of the Estate of Gale Gill v. Evansville Sheet Metal Works, Inc.
49S05-1111-CV-672
Civil. Reverses trial court ruling for defendant that Gill did not bring her claim within the time Indiana law requires for a claim arising from the construction of an “improvement to real property.” There is a genuine issue of material fact as to whether Evansville Sheet Metal Works’ work constituted an “improvement to real property” as that phrase is commonly understood.

Indiana Court of Appeals
Rafael Bocanegra v. State of Indiana
20A03-1108-CR-361
Criminal. Affirms conviction of Class C felony forgery. Holds that potential injury remains a sufficient basis for a finding of criminal intent in a forgery prosecution. Remands for vacation of his identity deception conviction. Senior Judge Sullivan dissents.

Indiana Supreme Court
Indiana Department of Revenue v. United Parcel Service, Inc.
49S10-1107-TA-417
Tax. Reverses Tax Court’s grant of summary judgment to UPS and denial of the department of revenue’s motion as to whether UPS was exempt from the adjusted gross income tax. None of the summary judgment materials presented to the Tax Court and Supreme Court establishes that during the years in question UPINSCO and UPS Re were doing business within the state of Indiana. Because this is a necessary condition in order to be “subject to” the premium tax, UPS failed in its burden of establishing that it is entitled to summary judgment as a matter of law.

Indiana Supreme Court
In the Matter of: Douglas W. Patterson
82S00-1111-DI-662
Discipline. Disbars Patterson for committing three counts of Class D felony theft of client funds and for engaging in conduct involving dishonesty, fraud, deceit or misrepresentation.

Indiana Court of Appeals
Alan Patrick McEntee v. Wells Fargo Bank, N.A.
75A03-1106-MF-277
Mortgage foreclosure. Reverses summary judgment in favor of Wells Fargo and remands to the trial court, holding that the court erred because Wells Fargo failed to establish there was no material fact that McEntee had defaulted; and that Wells Fargo failed to establish the absence of a genuine issue of material fact as to McEntee’s affirmative defense. 

7th Circuit Court of Appeals
Joseph Agnew v. NCAA
United States District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
11-3066
Civil. Affirms District Court’s dismissal of lawsuit against the NCAA, holding plaintiffs failed to show that the NCAA’s policies limiting athletic scholarships violate the Sherman Act, because the case does not present for discussion the existence of a student athlete labor market.

Indiana Court of Appeals
David Ashabranner v. Sandy Wilkins, f/k/a Ashabranner
22A01-1109-DR-411
Domestic relations. Affirms in part and remands in part. Affirms the trial court’s denial of emancipation of a child and remands for recalculation of child support payments, adjusting to include payment from the mother as well as the father.

Indiana Court of Appeals
In Re the Term. of the Parent-Child Rel. of: C.V., O.V., and J.V. and G.J. v. The Indiana Dept. of Child Services (NFP)
10A01-1111-JT-516
Juvenile. Affirms termination of parental rights.