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High court grants 6 transfers

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The Indiana Supreme Court granted transfer today to decide whether casinos can ban card counters. The high court also granted transfer to five cases Thursday, including a case of first impression regarding post-retirement health-insurance premiums.

In Thomas P. Donovan v. Grand Victoria Casino & Resort, No. 49S02-1003-CV-124, the Indiana Court of Appeals reversed summary judgment for the casino in Thomas Donovan's suit challenging his ban from the casino. The appellate court granted Donovan summary judgment on his request for declaratory judgment that the casino can't exclude him from playing blackjack because of his card counting. The Indiana Gaming Commission hasn't enacted a provision that bans card counting, and Grand Victoria can't simply take refuge in the common law right of exclusion, ruled the appellate court.

In Anne M. Bingley v. Charles B. Bingley, No. 02S03-1002-CV-122, the Court of Appeals ruled for the first time that post-retirement health-insurance premiums paid by a former employer aren't a marital asset subject to a division. The trial court didn't include Charles Bingley's employer-paid, post-retirement health-insurance premiums when dividing the couple's assets during the dissolution process.

Anne Bingley argued the payments fall under subsection 2 of Indiana Code Section 31-9-2-98(b), as a retirement benefit not forfeited upon the termination of employment, and cited several Indiana cases that found pension benefits to be marital assets. But the Court of Appeals ruled the premiums weren't a marital asset subject to division. The cases Anne cited involved monthly monetary payments made directly to the pension-holding spouse; Charles' benefit wasn't payable to him but was non-elective and couldn't be divided or transferred, wrote Judge Elaine Brown.

In his concurring opinion, Judge Terry Crone encouraged the Indiana General Assembly to address a perceived ambiguity in the definition of "retirement benefits" and "vested" in terms of the Internal Revenue Code.

In Indiana High School Athletic Association v. Jasmine S. Watson, No. 71S03-1002-CV-119, a majority on the Court of Appeals affirmed the trial court's finding that the Indiana High School Athletic Association acted arbitrarily and capriciously when it ruled Jasmine Watson was ineligible to play basketball at a high school she transferred to just before her senior year. The majority also upheld an injunction placed by the trial court to prevent the IHSAA from enforcing the decision.

Watson's family claimed the transfer was caused by her mother's work hours being cut, the impending foreclosure of their home, and extended family living in South Bend.

Even though Watson has since graduated, the Court of Appeals took the case because if they found she was ineligible, it could force the high school to forfeit wins or awards. Even taking into account the IHSAA evidence that Watson and her mother had spoken about transferring prior to her mother's work hours being cut, the majority focused on the family's financial situation as the primary reason they moved to South Bend.

Judge Ezra Friedlander dissented because he thought the evidence supported the finding Watson was ineligible to play her senior year.

The justices granted transfer to In the Matter of the Estate of Harry L. Rickert, No. 18S04-1002-CV-118, in which one Court of Appeals judge believed In Re Estate of Banko, 622 N.E.2d 476, 480 (Ind. 1993), was binding, causing his dissent. Judge Michael Barnes disagreed with the majority that Banko doesn't apply to Rickert. He urged the high court to reconsider Banko's breadth given that an unscrupulous caregiver could take advantage of someone and get joint tenancy of accounts.

Carole Baker, as personal representative and beneficiary, argued the accounts opened by Harry Rickert's caretaker should be considered property of the estate. The trial court ruled the accounts presumptively belong to caregiver Keta Taylor unless the estate could prove "a different intention" on Rickert's part when they were created. The majority reversed and remanded for further proceedings because Rickert couldn't have had any intention regarding the ownership of the accounts at his death because he was allegedly incompetent in the last few years of his life when the accounts were made. The majority also held Banko doesn't require application of the Non-Probate Transfer Act statutory presumption in favor of Taylor as payable on death beneficiary or joint account holder under the facts of the case.

In U.S. Bank N.A. v. Integrity Land Title Corp., No. 17S03-1002-CV-120, the appellate court reversed the trial court's denial of U.S. Bank's motion to correct error and motion for relief from judgment in its contract claim against Integrity. There was a genuine issue of material fact whether Integrity contracted as a principal or an agent and whether Integrity breached the contract. Later on rehearing, a majority of COA judges allowed the parties to raise arguments for the first time in a response to a hearing before the appellate court. In response to U.S. Bank's petition for rehearing, Integrity raised new issues. Judge Melissa May dissented, finding the court's rules don't allow Integrity to raise the new argument and allowing it to do so effectively deprived U.S. Bank of an opportunity to respond.

In Christine Dugan v. Mittal Steel USA Inc., and Jay Komorowski, No. 45S05-1002-CV-121, the appellate court affirmed summary judgment for Mittal and Jay Komorowski as to the statements described in Paragraph 6 of Dugan's complaint for defamation. Dugan was fired from Mittal following an investigation of an alleged theft ring in the department where she worked. The judges reversed summary judgment in favor of Mittal and Komorowski as to Paragraph 7 of Dugan's complaint and remanded for further proceedings on that portion of her defamation claim. Mittal failed to establish as a matter of law that the statement is protected by the common interest privilege.

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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