Opinions Oct. 23, 2012

October 23, 2012
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7th Circuit Court of Appeals
Planned Parenthood of Indiana, Inc., et al., v. Commissioner of the Indiana State Department of Health, et al.
Civil. Reverses in part and affirms in part, affirming the district court injunction against I.C. 5-22-17-5.5(b) that bars state or federal funding for “any entity that performs abortions or maintains or operates a facility where abortions are performed.” The circuit court held that Medicaid grants individual rights under federal civil rights protections, but reversed the district court with regard to federal block grant funds, holding that no such actionable protection exists.

Indiana Supreme Court
National Wine & Spirits, Inc., National Wine & Spirits Corporation, NWS, Inc., NWS Michigan, Inc., and NWS, LLC v. Ernst & Young, LLP
Civil tort. Affirms trial court grant of summary judgment in favor of Ernst & Young, holding that collateral estoppel precludes the plaintiffs’ deception claim because the veracity of the defendant’s documents at issue had been decided during arbitration proceedings.
Indiana Court of Appeals
State Automobile Ins. Co., Meridian Security Ins. Co., and Indiana Farmers Mutual Ins. Co. v. DMY Realty Co., LLP and Commerce Realty, LLC
Civil plenary. Affirms trial court grant of summary judgment in favor of DMY and denial of summary judgment in favor of State Auto, holding that language in insurance policies regarding pollutants was ambiguous. The court also remanded to the trial court to review settlement agreements between Indiana Farmers and DMY and to consider valid contribution of credit issues.

David Mathews v. State of Indiana
Criminal. Affirms convictions of Class D felony intimidation and Class B misdemeanor public intoxication, and Mathews adjudication as a habitual offender. The court held that the court did not abuse its discretion by failing to grant Mathews’ request for a mistrial and that the evidence is sufficient to sustain his conviction.

Calvin Merida v. State of Indiana
Criminal. Reverses and remands with instructions sentence for child molestation. The court found the nature of the offense and the character of the defendant did not warrant the 60-year aggregate term of imprisonment assessed by the trial court. Instead, it reversed and remanded with instructions to revise the sentencing order to run the two 30-year sentences concurrently for an aggregate 30-year term of imprisonment. Judge Crone dissented, arguing for a partially consecutive sentence.

David A. Young v. Gladys C. Young (NFP)
Divorce. Reverses and remands a dissolution of marriage order with instructions to equally divide the marital estate not subject to a prenuptial agreement and reverses the order awarding incapacity maintenance with instructions to determine whether wife has ability to support herself absent an award.

Indiana Tax Court posted no opinions before IL deadline Tuesday.



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  1. Heritage, what Heritage? The New Age is dawning .... an experiment in disordered liberty and social fragmentation is upon us .... "Carmel City Council approved a human rights ordinance with a 4-3 vote Monday night after hearing about two hours of divided public testimony. The ordinance bans discrimination on the basis of sexual orientation or gender identity, among other traits. Council members Rick Sharp, Carol Schleif, Sue Finkam and Ron Carter voted in favor of it. The three council members opposing it—Luci Snyder, Kevin Rider and Eric Seidensticker—all said they were against any form of discrimination, but had issues with the wording and possible unintended consequences of the proposal." Kardashian is the new Black.

  2. Can anyone please tell me if anyone is appealing the law that certain sex offenders can't be on school property. How is somebody supposed to watch their children's sports games or graduations, this law needs revised such as sex offenders that are on school property must have another non-offender adult with them at all times while on school property. That they must go to the event and then leave directly afterwards. This is only going to hurt the children of the offenders and the father/ son mother/ daughter vice versa relationship. Please email me and let me know if there is a group that is appealing this for reasons other than voting and religion. Thank you.

  3. Should any attorney who argues against the abortion industry, or presents arguments based upon the Founders' concept of Higher Law, (like that marriage precedes the State) have to check in with the Judges and Lawyers Assistance Program for a mandatory mental health review? Some think so ... that could certainly cut down on cases such as this "cluttering up" the SCOTUS docket ... use JLAP to deny all uber conservative attorneys licenses and uber conservative representation will tank. If the ends justify the means, why not?

  4. Tell them sherry Mckay told you to call, they're trying to get all the people that have been wronged and held unlawfully to sign up on this class action lawsuit.

  5. Call Young and Young aAttorneys at Law theres ones handling a class action lawsuit