7th Circuit Court of Appeals
Thomas Dennis Jr. v. Niagara Credit Solutions, Inc., et al.
19-1654
Appeal from the US District Court for the Southern District of Indiana, New Albany Division. Judge Richard L. Young.
Civil. Affirms judgment on the pleadings in favor of Niagara Credit Solutions defendants on Thomas Dennis Jr.’s complaint alleging violation of the Fair Debt Collection Practices Act. Finds the claims raised by Dennis meritless.
Indiana Court of Appeals
Shane E. O’Keefe v. State of Indiana
19A-CR-1733
Criminal. Affirms Shane E. O’Keefe’s convictions of Level 4 felony possession of methamphetamine and Class C misdemeanor possession of paraphernalia. Finds the pat-down search of O’Keefe’s person during a valid traffic stop was not a violation of the Fourth Amendment. Also finds the Vanderburgh Circuit Court did not abuse its discretion in admitting evidence obtained as a result of the search.
Indiana Court of Appeals
Joann G. Sartain, by and through her attorney-in-fact, Cindy Harding v. Trilogy Healthcare of Hamilton II, LLC d/b/a Prairie Lakes Health Campus
19A-PL-1567
Civil plenary. Dismisses Joann G. Sartain’s lawsuit, finding that because she explicitly stipulated to the dismissal of the suit in its entirety in Hamilton Superior Court, there is no final judgment, and that the Indiana Court of Appeals therefore lacks jurisdiction.
Indiana Court of Appeals
Antonio Buford v. State of Indiana
19A-CR-956
Criminal. Vacates the Marion Superior Court’s contempt finding against Antonio Buford on double jeopardy concerns but affirms his 2 ½ – year sentence in community corrections for his conviction of domestic battery. Finds no abuse of the trial court’s discretion in its sentencing of Buford.
Indiana Court of Appeals
Jonathan Stanley Belcher v. State of Indiana
19A-CR-00830
Criminal. Affirms Jonathan Belcher’s guilty but mentally ill convictions for two counts of Level 3 felony aggravated battery and one count each of Class B misdemeanor battery and Class A misdemeanor resisting law enforcement, the finding that he is a habitual offender, and his aggregate 53-year-and-180-day sentence. Finds sufficient evidence that Belcher appreciated the wrongfulness of his actions. Also finds no abuse of discretion at sentencing. Finally, finds the sentence is not inappropriate given the nature of his offenses and his character.
Indiana Supreme Court
American Consulting, Inc. d/b/a American Structurepoint, Inc. v. Hannum Wagle & Cline Engineering, Inc., d/b/a HWC Engineering, Inc., Marlin A. Knowles, Jr., Jonathan A. Day, David Lancet, et al.
18S-PL-437
Civil plenary. Affirms the Marion Superior Court, finding it properly denied summary judgment on American Structurepoint, Inc.’s claims of tortious interference and that an issue of material fact remains as to whether Marlin Knowles, Jonathan Day and David Lancet tortiously interfered with their ASI contracts. Holds that the liquidated damages provisions are unenforceable penalties. Remands. Justice Geoffrey Slaughter concurs in part, dissents in part with separate opinion in which Justice Mark Massa joins.
7th Circuit Court of Appeals
Timothy Johnson v. Michael Rogers
19-1366
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Jane Magnus Stinson.
Civil. Affirms the Southern District Court’s finding that police officer Michael Rogers is entitled to qualified immunity. Finds Rogers did not kick Timothy Johnson or otherwise harm him after he was on the ground and that Rogers used his legs to undermine Johnson’s balance and force him down. Also finds Johnson was not under control at the time of the incident and that Rogers’ act was an attempt to regain control.
Indiana Court of Appeals
Tyler Miller v. State of Indiana
19A-CR-768
Criminal. Affirms Tyler Miller’s aggregate 72-year sentence for his convictions of murder, Level 5 felony attempted robbery and Level 3 felony robbery. Finds the sentence is not inappropriate in light of the nature of the offenses and his character. Also finds Indiana Code § 35-50-1-2(c) and (d) do not prohibit the Marion Superior Court’s sentence under Count III, attempted robbery. Remands with instructions to enter an amended sentencing order and abstract of judgment which reflect Miller’s conviction for Level 5 felony attempted robbery under Count III.
Indiana Court of Appeals
James Ketchum v. State of Indiana
19A-CR-1341
Criminal. Affirms the denial of James Ketchum’s motion to modify his 12-year sentence, with six years suspended, for conviction of Level 3 felony aggravated battery, to be served consecutively to his two-year sentence for Level 6 felony intimidation in a separate cause. Finds the Rush Circuit Court did not err in denying Ketchum’s motion to modify his sentence because he did not have consent from the prosecuting attorney to file it.
Indiana Court of Appeals
Old Plank Trail Community Bank, N.A. v. Mattcon General Contractors, Inc. (mem. dec.)
19A-PL-1033
Civil plenary. Affirms the Marshall Circuit Court’s denial of Old Plank Trail Community Bank’s motion to correct error on a ruling that Old Plank waived its right to set-off the garnished funds of its account holder, Mattcon General Contractors. Finds the court did not abuse its discretion in entering a final order in garnishment.
Indiana Court of Appeals
Muir Woods Section One Assn., Inc., et al. v. Marion County Treasurer, et al.
18A-CC-02643
Civil collection. Affirms the Marion County Assessor, Treasurer, and Auditor’s motion for dismissal for lack of subject matter jurisdiction against Muir Woods Section One Association and Nantucket Bay Homeowners Association. Finds the Marion Superior Court lacks subject matter jurisdiction to order the Treasurer to issue refunds to the homeowners associations for overpayment of taxes.
Indiana Court of Appeals
Jun Li and Jimmy Chung Fai Tam v. NextGear Capital, Inc.
19A-CC-608
Civil collection. Reverses the denial of Jun Li’s motion to set aside default judgment in a complaint filed by NextGear Capital, Inc. Finds Li has demonstrated grounds for setting aside the entry of default judgment pursuant to Trial Rule 60(B)(1) and has alleged a meritorious defense. Also finds the trial court abused its discretion in denying his motion to set aside default judgment. Remands for further proceedings. Judge Margret Robb concurs with separate opinion.
Indiana Court of Appeals
Lake & Forest Club, Inc. v. Beulah Hamilton, et al. (mem. dec.)
19A-MI-1695
Miscellaneous. Affirms the dismissal of Lake & Forest Club, Inc.’s petition for judicial review of a decision of the Jackson County Board of Zoning Appeals. Finds the trial court did not err in dismissing the petition. Finds the club could not circumvent the requirement for timely filing the board record by filing an amended petition.
Indiana Court of Appeals
Scott Shields v. Town of Perrysville
19A-MI-00979
Miscellaneous. Affirms the Vermillion Circuit Court’s judgment in favor of the Town of Perrysville on its quiet title action against Scott Shields. Finds the trial court did not clearly err in rejecting Shield’s claim of abandonment. Declines to reweigh evidence and reassess witness credibility regarding an expert survey.
Indiana Court of Appeals
Daniel Tanoos v. State of Indiana
19A-CR-1086
Criminal. Affirms the denial of former Vigo County School Corporation Superintendent Daniel Tanoos’ motion to dismiss charges of one count of Class C felony bribery and two counts of Level 5 felony bribery. Finds the Marion Superior Court did not abuse its discretion when it did not dismiss his charges.
Indiana Court of Appeals
Jennifer L Hall v. State of Indiana
19A-CR-203
Criminal. Reverses Jennifer Hall’s conviction of Level 4 felony aiding, inducing, or causing dealing in a narcotic drug. Finds insufficient evidence to support her conviction pursuant to Indiana Code § 35-48-4-1(c)(2). Remands with instructions to vacate Hall’s Level 4 felony conviction enter a judgment of conviction for Level 5 felony dealing and resentence her accordingly.
Indiana Court of Appeals
Joseph Hipps and Eugene Protz v. Biglari Holdings, Inc., Sardar Biglari, Philip L. Cooley, Ruth J. Person, Kenneth R. Cooper, James P. Mastrian, BH Merger Company, and NBHSA, Inc.
19A-CT-101
Civil tort. Affirms the Hamilton Superior Court’s grant of a motion to dismiss filed by Biglari Holdings, BH Merger Company, NBHSA Inc., Sardar Biglari and other members of the Biglari Holdings board of directors against. Finds the Hamilton Superior Court properly dismissed the shareholders’ complaint.
Indiana Supreme Court
Heraeus Medical, LLC, et al. v. Zimmer, Inc., et al.
19S-PL-471
Civil plenary. Vacates Section 1(e) of the Kosciusko Superior Court’s preliminary injunction order enjoining Robert Kolbe from recruiting Zimmer Inc. employees, as prohibited by a nonsolicitation covenant in Kolbe’s noncompetition agreement with Zimmer. Finds the Kolbe agreement’s unenforceable covenant not to solicit Zimmer employees cannot be reformed and that parties to noncompetition agreements cannot use a reformation clause to contract around Indiana’s blue pencil doctrine. Remands.
Indiana Court of Appeals
Drendall Law Office, P.C. v. Lucy Mundia
19A-PL-582
Civil plenary. Reverses the St. Joseph Circuit Court’s denial of Drendall Law Office’s motion for judgment on the evidence in a legal malpractice case against it brought by Lucy Mundia. Finds the jury’s verdict in Mundia’s favor was clearly erroneous because she did not present substantial evidence supporting the proximate cause element of her claim for legal malpractice. Also finds the trial court abused its discretion in its denial. Remands for the trial court to vacate the jury verdict and enter judgement for Drendall.
The following 7th Circuit Court opinion was posted after IL deadline on Tuesday.
Linda Waldon v. Wal-Mart Stores, Inc.
19-1529
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge James R. Sweeney, II.
Civil. Affirms the grant of summary judgment to Walmart Stores on Linda Waldon’s negligence claims. Also affirms with order to show cause within 14 days of the date of the decision as to why Waldons’ counsel, James E. Ayers, should not be sanctioned under Rule 46 of the Federal Rules of Appellate Procedure for intentionally altering previously submitted photographs and misrepresenting the record to the court. The 7th Circuit will consider after Ayers’ response whether to send a copy of its opinion to the Indiana Supreme Court Disciplinary Commission.