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Tuesday, September 02, 2008

Ind. Decisions - 7th Circuit posts two additional Indiana decisions today

In Michael F. Jackson v. Officer Kotter, et al (SD Ind., Judge Tinder), a 26-page opinion, Judge Kanne writes:

After suffering back injuries on two occasions while incarcerated at the United States Penitentiary in Terre Haute, Indiana, Michael Jackson brought a lawsuit against employees of the prison. He raised a negligence claim under the Federal Tort Claims Act (FTCA), see 28 U.S.C. § 2679, and constitutional claims pursuant to Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). Jackson amended his original complaint to name the United States as the proper defendant of his FTCA action, but the district court dismissed the claim against the United States because the amendment was filed after the applicable six-month statute of limitations specified in 28 U.S.C. § 2401(b)(1). Jackson appeals the district court’s dismissal of the United States, as well as the district court’s dismissal of three individual defendants; its grant of summary judgment in favor of Physician’s Assistant (“P.A.”) Williams, whom Jackson alleged was deliberately indifferent to his medical needs; its refusal to allow an amendment naming a new defendant after the applicable statute of limitations had expired; and its refusal to assist Jackson in securing counsel. We affirm all of the district court’s decisions except for its dismissal of the United States of America in the FTCA action, because Jackson’s amendment naming the United States related back to his original pleading, which was timely filed. See Fed. R. Civ. P. 15(c). * * *

The district court’s dismissal of the FTCA claim against the United States is REVERSED, and that claim is REMANDED to the district court for further proceedings. The district court’s remaining judgments are AFFIRMED.

In Freeland v. Enodis Corp. (ND Ind., Judge Sharp), a 36-page opinion, Judge Cudahy writes:
These appeals arise out of bankruptcy proceedings in which Daniel Freeland, Trustee for Consolidated Industries Corp. (Consolidated), sought to recover transfers made by Consolidated to Welbilt Corporation, a company now known as Enodis Corporation (Enodis). The bankruptcy court concluded that the Trustee could avoid over $30 million in transfers made by Consolidated between 1989 and 1998 and the district court affirmed. In addition, the district court, having withdrawn the reference on two of the Trustee’s claims, found that the Trustee could avoid transfers made within one year of the filing of Consolidated’s bankruptcy petition pursuant to 11 U.S.C. §§ 547 and 548. The defendants appeal these decisions. In his cross-appeal, the Trustee challenges the lower courts’ rejection of his alter ego/veil piercing claims against the corporate defendants, the district court’s refusal to enter judgment against Welbilt Holding Company and the grant of summary judgment for the individual defendants. We conclude that the Trustee can avoid transfers from Consolidated to Enodis between 1989 and 1995 as fraudulent transfers but remand for further findings on the issue of Consolidated’s solvency after 1995. We reverse and remand the district court’s grant of summary judgment for the Trustee on his § 547 and § 548 claims. With respect to the Trustee’s cross-appeal, we remand for further findings on the Trustee’s alter ego/veil piercing claims but affirm the remainder of the district court’s judgment. * * *

To summarize, we affirm the district court’s judgment allowing the Trustee to recover the $6.9 million dividend and transfers made pursuant to the Notes prior to the cancellation of the Notes in 1995. We remand for further findings on the court’s solvency determination after the Notes were cancelled. We reverse and remand the court’s entry of summary judgment for the Trustee on the transfers related to the Hall transaction. We vacate the judgment against the Trustee on his alter ego/veil piercing claims and remand for further proceedings consistent with this opinion. Finally, we affirm the district court’s refusal to enter judgment against Welbilt Holding and its entry of summary judgment for the Hirsch defendants. AFFIRMED in part, REVERSED in part, VACATED in part and REMANDED with directions. Each party shall bear its own costs of these appeals. 9-2-08

Posted by Marcia Oddi on September 2, 2008 04:15 PM
Posted to Ind. (7th Cir.) Decisions