Opinions

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
American Homeland Title Agency, Inc., John Yonas, and Martin Rink v. Stephen W. Robertson, Commissioner of the Indiana Department of Insurance
18-3293
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker.
Civil plenary. Affirms summary judgment for Stephen Robinson and the Indiana Department of Insurance on American Homeland’s suit alleging the department discriminated against it for the loss of its licenses for its out-of-state residency. Finds that because American Homeland surrendered its licenses in its agreement with the department and has provided no valid reason to void that agreement, judicial review is unavailable.

Indiana Court of Appeals
River Ridge Development Authority v. Outfront Media, LLC, David Watkins, No Moore, Inc., The Schlosser Family Limited Partnership, The Town of Utica, and the Utica Board of Zoning Appeals
18A-PL-2347
Civil plenary. Reverses an order of the Clark Circuit Court requiring River Ridge Development Authority to pay a total of $237,440 in attorney fees to opposing parties. Holds that the trial court’s findings of fact were clearly erroneous, therefore nullifying its conclusions of law that River Ridge owed any attorney fees.

7th Circuit Court of Appeals
Oliver Collins v. University of Notre Dame Du Lac
18-2579, 18-2559
Appeals from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Joseph S. Van Bokkelen.
Civil. Reverses the Northern District Court’s grant of summary judgment and award of $501,367 in damages to former Notre Dame professor Oliver Collins following his guilty plea to a federal felony charge for theft of government grant funds. Finds Collins’ contract with Notre Dame did not prohibit one faculty member from participating in informal mediation and then serving on the hearing committee in Collins’ case. Finds the facts show “serious cause” sufficient to warrant Collins’ dismissal. Remands for the trial court to award Notre Dame judgment.

Indiana Court of Appeals
Matthew Purnell v. Kayla Purnell
19A-JP-162
Juvenile paternity. Affirms the award of sole legal and primary physical custody of S.P. to Kayla Purnell. Finds that although the Johnson Circuit Court abused its discretion in considering Matthew Purnell’s active duty status in the United States Air Force, the remaining findings of fact and conclusions thereon are sufficient to support the grant of sole legal custody and primary physical custody to Kayla.

Indiana Court of Appeals
Damian Justin Harris v. State of Indiana (mem. dec.)
18A-PC-1835
Post conviction. Affirms the denial of Damian Harris’ petition for post-conviction relief. Finds the Allen Superior Court did not err in rejecting his claim of ineffective assistance of trial counsel.

Indiana Court of Appeals 
Indiana Alcohol and Tobacco Commission and PNC Bancorp, LLC (mem. dec.)
18A-MI-2522
Miscellaneous. Reverses the Marion Superior Court’s denial of the Indiana Alcohol and Tobacco Commission’s motion to dismiss PNC Bancorp, LLC’s amended petition for judicial review. Finds PNC’s failure to timely file the agency record precludes judicial review of the commission’s decision. Remands for further proceedings consistent with the opinion. 

Friday’s opinions
Indiana Court of Appeals
Yvonne Malukutila v. State of Indiana (mem. dec.)
18A-CR-2827
Criminal. Affirms Yvonne Malukutila’s conviction of Class A misdemeanor operating a vehicle with an alcohol concentration equivalent of 0.15 or more and Class C misdemeanor operating a vehicle while intoxicated. Also affirms an enhancement for both counts based on her previous conviction of operating a vehicle while intoxicated. Finds Malukutila invited any error by stipulating to the facts in the enhancement phase of her trial without the intervention of a jury. However, remands to the trial court to vacate the conviction on Count II and have the written sentencing order reflect that Count II was merged with Count I and that Count II was vacated.

The following 7th Circuit Court opinion was posted after IL deadline Tuesday.
Emmis Communications Corporation v. Illinois National Insurance Co
18-3392
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Reverses and remands for further proceedings the Southern District Court’s award of summary judgment to Emmis Communication Corp. against Illinois National Insurance Co. Finds correct Illinois National’s proposed interpretation of “as reported” in its insurance policy with Emmis. Concludes summary judgment should have been entered in favor of Illinois National.

Indiana Court of Appeals
Sabrina Graham v. Thomas S. Wininger (mem. dec.)
18A-PL-2262
Civil plenary. Affirms the Martin Circuit Court’s judgment regarding Sabrina Graham’s claim against her brother, Thomas Wininger. Finds the trial court’s judgment against Graham regarding the lack of existence of an oral agreement with Wininger was not contrary to law. Graham’s procedural arguments also fail. Judge Terry Crone concurs in result without opinion.

Indiana Court of Appeals
Sabrina Graham v. Thomas S. Wininger (mem. dec.)
18A-PL-2262
Civil plenary. Affirms the Martin Circuit Court’s judgment regarding Sabrina Graham’s claim against her brother, Thomas Wininger. Finds the trial court’s judgment against Graham regarding the lack of existence of an oral agreement with Wininger was not contrary to law. Graham’s procedural arguments also fail. Judge Terry Crone concurs in result without opinion.

The following opinions were posted after IL deadline Friday.  
7th Circuit Court of Appeals
John Doe v. Purdue University et al., 17-3565
Appeal from the U.S. District Court for the Northern District Court of Indiana, Hammond Division
Magistrate Judge Paul Cherry.
Civil tort. Reverses dismissal of John Doe’s lawsuit against Purdue University. Doe sued Purdue after he was suspended for one year and was forced to resign from the Navy ROTC program following the university’s investigation into allegations that he sexually assaulted a female student. The 7th Circuit found Doe pleaded facts sufficient to state a claim under both the 14th Amendment and Title IX of the Education Amendments Act of 1972. Remands for proceedings.   

The following opinions were posted after IL deadline Thursday.
7th Circuit Court of Appeals
Division Six Sports, Inc. v. Finish Line, Incorporated
19-1070
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. Judge Sarah Evans Barker.
Civil. Affirms the Southern District Court’s dismissal of an alleged breach of contract case between Division Six Sports, Inc. and The Finish Line, Inc. for failure to state claim, holding the contract was not in force at the time of the alleged breach. Finds the agreement and its amendments are not ambiguous and the plain language did not provide for any extension after the end of 2013. Finds the district court properly dismissed the action.

Indiana Supreme Court
Michael Hodges v. State of Indiana
19S-MI-117
Miscellaneous. Affirms the turnover of cash seized from a parcel shipped by Michael Hodges and intercepted by an interdiction officer. Finds the totality of the circumstances established the necessary probable cause to believe the money was proceeds of drug trafficking.

The following 7th Circuit Court of appeals opinion was posted after IL deadline Tuesday.
Donald Fessenden v. Reliance Standard Life Insurance Company and Oracle USA, Inc., Group Long Term Disability Plan  
18-1346
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Philip P. Simon.
Civil. Vacates the Northern District Court’s summary judgment determination in favor of Reliance Standard Life Insurance Company and remands for proceedings consistent with the opinion. Holds that the “substantial compliance” exception does not apply to missed deadlines. Finds that because Reliance violated a hard‐and‐fast obligation, its late decision to deny Fessenden benefits is not entitled to deference.

7th Circuit Court of Appeals 
SelectSun GmbH v. Porter, Inc., d/b/a Thunderbird Products
18-3149
Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division. Chief Judge Theresa L. Springmann.
Civil. Affirms the Northern District Court’s judgement against SelectSun GmbH in its contract and warranty dispute over whether the exhaust system on a $1 million yacht manufactured by Porter, Inc. complied with particular regulatory requirements imposed by the European Union. Finds SunSelect did not meet its burden of proving damages to a reasonable certainty on either its breach of contract or warranty claims. Also finds SelectSun failed to carry its burden in demanding a return of the yacht’s entire purchase price.

Indiana Court of Appeals
Raul Ibarra Serrano v. State of Indiana (mem. dec.)
18A-CR-2808
Criminal. Affirms Raul Serrano’s convictions for Level 4 felony burglary and Level 6 felony theft. Finds there is sufficient evidence to support the convictions.

Indiana Court of Appeals 

In the Matter of the Termination of the Parent-Child Relationship of: A.B. (Minor Child), and C.B. (Mother) v. Indiana Department of Child Services
18A-JT-3110.
Juvenile termination of parental rights. Reverses the Tippecanoe Superior Court’s termination of C.B.’s parent-child relationship with her daughter, A.B. Finds there is insufficient evidence to prove that the conditions resulting in the placement of A.B. outside mother’s custody will not be remedied, that the continuation of the parent-child relationship poses a threat to A.B.’s well-being, and that the termination of the parent-child relationship is in A.B’s best interest. Remands for further proceedings. 

Indiana Court of Appeals
James E. Martin, Jr. v. State of Indiana
18A-CR-2726
Criminal. Affirms the Vanderburgh Circuit Court’s issuance of a restitution order in the amount of $2,000 after James Martin Jr. pleaded guilty to Level 6 felony auto theft. Finds the restitution order is within the range of evidence presented as to the stolen vehicle’s pre-theft value and that there is sufficient evidence to support the order.