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Judge, District Court, N.D. Indiana · Born 1956 · Gary, IN
Westfield Insurance v. Hill
District Court, N.D. Indiana · 2011-05-12 · cited 6×
The case concerns a declaratory judgment action brought by Westfield Insurance against the Hills and Jane Roe, seeking a ruling that its homeowner's insurance policy imposes no duty to defend or indemnify the Hills in an underlying state-court lawsuit. That lawsuit alleges the Hills negligently failed to supervise, inspect, and maintain their property during social events, allowing a guest to sexually molest the minor John Doe and cause injuries. Westfield moved for summary judgment, arguing the policy provides no coverage, while the defendants contended that unknown and unforeseen events at the property should be covered. The court applied Federal Rule of Civil Procedure 56 standards, found no genuine disputes of material fact after reviewing the undisputed policy terms and complaint allegations, and addressed whether the claims qualified as bodily injury under the policy or fell within exclusions. The core reasoning centered on policy interpretation regarding coverage for emotional distress and intentional acts in the context of the underlying tort claims.
torts & liabilitybusiness & regulatory
Bitler Investment Venture II, LLC v. Marathon Ashland Petroleum, LLC
District Court, N.D. Indiana · 2011-03-11 · cited 3×
This case involves claims by property owners against former lessees of commercial gasoline stations in Michigan for breach of lease agreements and waste based on alleged damage and environmental issues at three properties. The defendants moved for partial summary judgment, arguing that release agreements executed by the parties' predecessors barred claims on two properties and that the statute of limitations barred the waste claim on the third. The court granted the motion, holding that termination and release agreements plus regulatory closures eliminated any triable issues on the Hillsdale and Monroe properties, while the waste claim on the Sturgis property was time-barred under Indiana law because the predecessors knew or should have known of the injury more than six years before suit was filed. The ruling addressed only these specific counts and did not resolve the remaining claims in the case.
propertytorts & liabilityprocedurebusiness & regulatory
Reliance Standard Life Insurance v. Lyons
District Court, N.D. Indiana · 2011-02-22 · cited 5×
This case concerns competing claims to life insurance proceeds from three ERISA-governed group policies issued on the life of John F. Lyons, a former law firm partner. The designated beneficiaries were Lyons's wife and two sons, while Lake City Bank asserted claims based on a settlement agreement, attempted policy assignments, and state-law theories including equitable liens and unjust enrichment. Multiple parties filed interpleader actions and cross-claims, leading to summary judgment motions and questions of ERISA preemption of state-law causes of action that relate to employee benefit plans. The court held that ERISA preempts the bank's state claims because they have a connection to the insurance policies, and that the designated beneficiaries prevail since no valid assignments were executed.
labor & employmentprocedure
Forest River, Inc. v. Heartland Recreational Vehicles, LLC
District Court, N.D. Indiana · 2010-11-10 · cited 3×
In this case, Forest River, Inc. sued competitor Heartland Recreational Vehicles, LLC, alleging that Heartland infringed its copyright in a technical drawing of the floor plan for its R.Pod travel trailer by copying the drawing into advertisements for a competing MPG trailer and using it to manufacture that trailer, and that Heartland engaged in unfair competition under federal and state law. The court considered Heartland's motion to dismiss the amended complaint under Federal Rule of Civil Procedure 12(b)(6). The court granted the motion in part, dismissing the copyright infringement claim as it related to the manufacture of the competing trailer and dismissing the unfair competition claim in full. It reasoned that recreational vehicles are excluded from copyright protection as architectural works, that the complaint failed to allege any misrepresentation likely to cause confusion about the origin of the goods under the Lanham Act, and that the allegations were too vague to state a common-law unfair competition claim. The case was allowed to proceed on the remaining aspects of the copyright claim concerning the advertising use.
business & regulatoryproperty
AgStar Financial Services, FLCA v. Rock Creek Dairy Leasing, LLC
District Court, N.D. Indiana · 2010-04-30
This case involves AgStar Financial Services, federal instrumentalities under the Farm Credit Act, seeking to foreclose on mortgages and enforce promissory notes against Rock Creek Dairy Leasing, LLC and related defendants for loans used to purchase and expand a dairy farm in Indiana, after alleged defaults under the loan documents. Several defendants defaulted, and others including intervenor National City did not oppose the plaintiffs' motion for partial summary judgment on the foreclosure claims and loan balances. The court granted the motion, awarding the plaintiffs judgments for the outstanding principal and interest on the notes, declaring their mortgages first-priority valid liens, foreclosing redemption rights, ordering sale of the mortgaged property, and granting permanent possession of collateral, because the defendants raised no material facts challenging the defaults or the plaintiffs' perfected interests.
propertybusiness & regulatory
United States v. Bennett
District Court, N.D. Indiana · 2010-03-31 · cited 2×
The case concerned whether delays in a federal criminal prosecution for illegal firearm possession under 18 U.S.C. § 922(g)(1) had violated the Speedy Trial Act's requirement that trial begin within 70 days of arraignment. After the Supreme Court's Bloate decision clarified that time for preparing pretrial motions is not automatically excludable without case-specific ends-of-justice findings, the court calculated that more than 70 non-excludable days had elapsed before the defendant sought continuances for psychological evaluation and investigation. The court granted the defendant's motion to exclude time in part, holding that the granted continuances for mental health assessment were properly excludable under 18 U.S.C. § 3161(h)(1)(A) and (h)(7), but denied it in part because the court lacked authority to retroactively exclude time or allow prospective waivers of speedy trial rights.
criminal lawprocedure
Gray v. CITY OF HAMMOND, INDIANA
District Court, N.D. Indiana · 2010-03-04 · cited 4×
The case involves a lawsuit by Derrick and Yolanda Gray and their minor children against the City of Hammond, Indiana, and police officers Patrick Vicari and Karl Eidam under 42 U.S.C. § 1983, alleging violations of their First, Fourth, and Fourteenth Amendment rights arising from a July 2006 traffic stop of the family's vehicle near their home. The plaintiffs claimed the officers lacked probable cause for the stop, pointed guns at family members, used excessive force including tackling and chokeholds, conducted unreasonable searches, and maliciously prosecuted the parents, who were later acquitted. The court granted summary judgment to the City on all claims, to the officers on official-capacity claims and the initial stop, on malicious prosecution claims by the parents, and on all claims involving the minor children Atia and Amir Gray, but denied summary judgment on excessive force and unreasonable search claims by Derrick and Yolanda Gray as well as excessive force by Derrick Gray Jr., and rejected the officers' qualified immunity defense on those remaining claims. The core reasoning was that undisputed facts showed no constitutional violation for the stop or claims by the children and no basis for municipal liability, while genuine factual disputes existed regarding the force used after the stop and the scope of any search.
civil rightscriminal lawproceduretorts & liability
Kirkwood v. DeLONG
District Court, N.D. Indiana · 2010-02-01 · cited 5×
The case involved plaintiff Anthony Kirkwood suing multiple Fort Wayne police officers under Section 1983, alleging that officers violated his Fourth Amendment rights by falsely arresting him, using excessive force during his arrest at his home on September 8, 2007, and conducting an illegal search of his residence after responding to a reported burglary. The defendants moved for summary judgment, arguing qualified immunity and lack of evidence for the claims. The court granted the motions in part and denied them in part, dismissing some claims but allowing false arrest, excessive force, and illegal search claims to proceed against Officer DeLong, as well as excessive force bystander liability and illegal search claims against several other officers. The core reasoning was that genuine issues of material fact existed regarding the reasonableness of the force used, the scope of the exigent circumstances search, and whether officers had a realistic opportunity to intervene, precluding qualified immunity at the summary judgment stage.
criminal lawcivil rights
Securities America, Inc. v. Tallman (In Re Tallman)
District Court, N.D. Indiana · 2009-09-30 · cited 7×
In this bankruptcy appeal, creditor Securities America challenged the bankruptcy court's denial of its motion to dismiss debtor Gil Tallman's chapter 7 petition under 11 U.S.C. § 707(a) for bad faith filing, as well as the denial of an extension of time to file objections to discharge or dischargeability complaints under Bankruptcy Rules 4004 and 4007. The district court reversed the bankruptcy court's November 12, 2008 order and remanded for further proceedings. The court held that the bankruptcy court abused its discretion by denying the timely extension motion despite the creditor's showing of cause through due diligence via the creditors' meeting and Rule 2004 examination, plus the unusual circumstance of the pending dismissal motion; it also erred by refusing to consider facts relevant to bad faith dismissal on the ground that they should have been raised in separate § 523 or § 727 complaints, when the denial of the extension had already foreclosed that avenue.
business & regulatoryprocedure
Bitler Investment Venture II, LLC v. Marathon Ashland Petroleum, LLC
District Court, N.D. Indiana · 2009-08-31 · cited 5×
This case concerns claims by the owners of former gasoline station properties against their lessees for breach of contract and waste, alleging that the defendants and their predecessors neglected and damaged the Huntington and Ligonier, Indiana sites before returning them. The defendants sought partial summary judgment on the relevant counts, contending that 1994 and 1995 mutual cancellation and release agreements barred the claims filed in 2004, and also moved to strike an expert affidavit. The court granted both motions, ruling that the releases expressly discharged all claims arising from the leases and that the plaintiffs could not pursue the allegations despite later environmental concerns. The core reasoning was that the agreements, which referenced known conditions and documentation at the time, operated as a complete bar without ambiguity or material breach by the defendants.
propertybusiness & regulatory
Bauer v. Shepard
District Court, N.D. Indiana · 2009-07-07 · cited 9×
In Bauer v. Shepard, a nonprofit organization, a sitting judge, and a judicial candidate sued Indiana officials to challenge several provisions of the Indiana Code of Judicial Conduct, including the pledges or promises clause, commits clause, recusal requirement, partisan activities clauses, and solicitation clauses, arguing that these rules unconstitutionally limited their First Amendment rights to free speech and association. The U.S. District Court for the Northern District of Indiana ruled on cross-motions for summary judgment that the challenged rules do not violate the plaintiffs' constitutional rights. The court reasoned that the Indiana Supreme Court holds authority under the state constitution to regulate judicial conduct and has balanced important interests such as judicial impartiality, fairness, and integrity against speech rights, with recent amendments to the rules reflecting responses to prior federal court decisions. The court further found that the specific restrictions were narrowly tailored to serve those compelling state interests without unduly burdening protected expression by judges or candidates.
free speechelectionscivil rights
Brittingham v. CERASIMO, INC.
District Court, N.D. Indiana · 2009-04-14
The case involved plaintiffs suing Cerasimo, Inc. for allegedly violating the Fair and Accurate Credit Transaction Act (FACTA) by printing more than the last five digits of their credit card numbers and the expiration date on receipts. The defendant moved to dismiss for lack of standing under Rule 12(b)(1), arguing that no actual injury was alleged. The court denied the motion, reasoning that the statutory violation sufficiently alleged an injury-in-fact by increasing the plaintiffs' risk of identity theft, consistent with Seventh Circuit precedent such as Pisciotta.
business & regulatoryprocedure
M.O. Ex Rel. C.O. v. Indiana Department of Education
District Court, N.D. Indiana · 2009-03-31 · cited 14×
This case under the Individuals with Disabilities Education Act (IDEA) was brought by student M.O. and his parents against Indiana state education agencies, alleging systemic violations in the due process hearing system, including claims that the Board of Special Education Appeals routinely reverses favorable decisions for parents and that the state failed to ensure properly qualified hearing officers. The court addressed cross-motions for summary judgment on these systemic claims after previously dismissing other claims against the state defendants. Because the allegations concerned broader procedural issues rather than only the student's individual education plan, the court applied the standard Rule 56 summary judgment framework instead of the typical IDEA preponderance review of the administrative record. The court evaluated whether genuine issues of material fact existed regarding the agencies' compliance with IDEA requirements for hearing officer qualifications and impartiality, and noted that the appeals board was not entitled to quasi-judicial immunity on these claims.
civil rightsfederal powerprocedure
1st Source Bank v. Bradley (In Re GS Consulting, Inc.)
District Court, N.D. Indiana · 2009-02-05
This case is an appeal from the bankruptcy court's grant of summary judgment to the trustee in the Chapter 7 bankruptcy of GS Consulting, Inc., a third-party administrator of ERISA-governed health plans. 1st Source Bank sought to exercise setoff rights against approximately $245,000 in the debtor's accounts to recover a $131,000 debt, while the trustee, DOL, and another creditor argued the funds were protected ERISA or trust assets unavailable for setoff. The district court reviewed the record de novo on legal issues and for clear error on facts, affirmed the bankruptcy court's rulings that the bulk of the funds remained ERISA-covered and that the bank could not set off, but reversed in part and remanded for determination of the exact amount and disposition of roughly $8,860 in non-ERISA funds in the operating account. The core reasoning was that the accounts held plan assets subject to ERISA protections, supported by affidavits and stipulations, with the limited remand needed only because the parties agreed on the existence of some non-ERISA money.
business & regulatoryhealthcareprocedure
Derry v. MARION COMMUNITY SCHOOLS
District Court, N.D. Indiana · 2008-10-12
The case involved parents of students at McCulloch Middle School challenging a school uniform policy implemented as a pilot program only at their children's school. The plaintiffs alleged that the policy violated the Equal Protection and Due Process Clauses of the Fourteenth Amendment, as well as Indiana Code 22-9-1-2, by creating unequal educational costs and opportunities compared to students at other district schools. The defendants moved for summary judgment, and after briefing and a hearing, the court granted the motion and denied the request for a preliminary injunction. The court applied rational basis review, concluding that the policy was rationally related to legitimate interests in addressing school-specific issues and that there is no constitutional requirement for immediate district-wide implementation of such measures.
civil rights
Young v. Schmucker
District Court, N.D. Indiana · 2008-07-28
This case arose from a 2004 collision in which a teenager operating a horse and buggy struck a car, causing severe injuries to several passengers. The injured parties sued for negligence, but after the driver filed for Chapter 7 bankruptcy the plaintiffs sought a ruling that the resulting debts were non-dischargeable under 11 U.S.C. § 523(a)(9) as arising from the unlawful, intoxicated operation of a motor vehicle or vessel. The bankruptcy court dismissed the complaint, and the district court affirmed. Applying the statute’s plain language, the court concluded that a horse and buggy is neither a motor vehicle nor a vessel, so the exception to discharge does not apply.
proceduretorts & liability
Odier v. Hoffmann School of Martial Arts, Inc.
District Court, N.D. Indiana · 2008-06-30
The case involved a former student who sued a martial arts school and its owner for violations of the Truth in Lending Act and related state law claims of deceptive practices, fraud, and unjust enrichment arising from a multi-year installment payment agreement for a leadership training program. The court granted the plaintiff's motion for partial summary judgment on the TILA claim, finding that the agreement extended credit through more than four installments and thus required disclosures that the school failed to provide. It denied the defendants' motion for summary judgment on the state law claims because those turned on disputed facts about oral representations that required credibility assessments by a factfinder. The court applied the summary judgment standard under Federal Rule of Civil Procedure 56, viewing evidence in the light most favorable to the nonmoving party.
business & regulatoryprocedure
Watkins v. Kasper
District Court, N.D. Indiana · 2008-06-06 · cited 4×
In Watkins v. Kasper, a prison inmate acting as a law clerk sued a prison official for First Amendment retaliation after he complained about the handling of his personal property and library policies restricting law clerks' assistance to other inmates. A jury found for the plaintiff and awarded $150 in compensatory damages and $1,000 in punitive damages. The court denied the defendant's renewed motion for judgment as a matter of law, holding that the plaintiff's oral complaints were protected speech related to matters of public concern and that the retaliation claim based on a conduct report was not barred by Heck v. Humphrey because it did not imply the invalidity of any conviction.
free speechcivil rightscriminal law
Yoon v. Minter-Higgins
District Court, N.D. Indiana · 2008-02-08 · cited 9×
In this bankruptcy case, the Chapter 7 Trustee sought turnover from the debtor of the balance in her credit union account on the petition date, but the account had been depleted after filing when the bank honored pre-petition checks and automatic debits. The bankruptcy court denied the motion, holding that the post-petition transfers were permitted under the automatic stay exception in 11 U.S.C. § 362(b)(11) for presentment of negotiable instruments, so the estate could be diminished without requiring the debtor to replace the funds. On appeal, the district court reversed, ruling that the account balance became property of the estate under § 541 upon filing, the stay exception did not authorize such depletion or excuse turnover under § 542(a), and the debtor remained obligated to deliver the value of estate property in her possession or control. The court reasoned that allowing unchecked post-petition honoring of checks would undermine the Code's goal of equitable distribution and that any pre-petition checks should have cleared before filing to avoid this outcome.
propertyprocedure
Berger v. Ohio Table Pad Co.
District Court, N.D. Indiana · 2008-01-11 · cited 3×
This case is a patent infringement dispute over designs for magnetic table pads, in which the plaintiffs asserted that the defendants' second table pad design infringed their '577 patent and sought related declaratory relief. The court addressed cross-motions for partial summary judgment limited to that later design and construed disputed claim terms, defining 'magnetically-active structure' as any material from which magnetic forces emanate and 'magnetically-receptive' as a structure attracted to and magnetically couplable with such a material. Applying that construction to the undisputed facts, the court concluded that the defendants' design infringed the '577 patent both literally and under the doctrine of equivalents. It further held that the defendants' '116 patent was invalid because it was anticipated by the earlier '577 patent. The court therefore granted the plaintiffs' motion for partial summary judgment, denied the defendants' motion, and allowed amendment of the complaint.
business & regulatoryproperty