Appeals court affirms decision to toss out Lauren Spierer lawsuit

BLOOMINGTON, Ind. - A federal appeals court on Friday upheld a lower court's decision to dismiss a lawsuit the parents of a missing Indiana University student filed against two men who were with her the night she was last seen, reports CBS affiliate WTTV.

Lauren Spierer vanished in June 2011 after a night of partying with friends near the university's Bloomington campus. No criminal charges have been filed in the case and searches for her have been unsuccessful.

The lawsuit filed in 2013 by Spierer's parents, Robert and Charlene, alleged Jason Rosenbaum and Corey Rossman gave their 20-year-old daughter alcohol and didn't make sure she returned safely to her apartment, leading to her presumed death.

In October 2014, Judge Tanya Walton Pratt dismissed the lawsuit, saying the Spierers failed to present evidence showing the men had anything to do with their daughter's disappearance. On Friday, a federal appeals court affirmed Pratt's decision to dismiss.

"We have found no decisions under Indiana law where persons were held liable for the actions of their social peers, absent additional factors not present here," the 7th Circuit Court of Appeals wrote in its decision.

"Because he was with Lauren the majority of the evening and bought drinks for her, Rossman was nearest to assuming a duty to care for her," the ruling said. "But he also appears to have been intoxicated--so much so that it is questionable whether he could effectively take care of himself, still less another person."

Rosenbaum and Rossman have denied any wrongdoing. The Spierers have long maintained the two haven't fully cooperated with investigators and hoped the lawsuit would force them to answer questions under oath. The suit initially included a third man, but a judge dismissed him from the suit shortly after it was filed.

In a statement to WTTV on Friday, Charlene Spierer said her family is "disappointed with the decision (to dismiss the lawsuit) but not deterred."

"We continue our search for answers and justice for Lauren," she said.