U.S. Court of Appeals for the Seventh Circuit

Merchants Bank of Indiana v. David Craik

August 19, 2026

Summary

The court did not resolve whether Indiana’s One Action statute applies to mortgage guaranties or whether guarantors may waive the statute’s protections. Instead, it certified both outcome-determinative questions to the Indiana Supreme Court because the statute is ambiguous, Indiana authority is sparse, and the issues are important and likely to recur. Resolution of the merits was stayed pending the state court’s response.