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Opinions Dec. 17, 2013

December 17, 2013
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Indiana Supreme Court
Indiana Gas Company, Inc. and Southern Indiana Gas and Electric Company, et al v. Indiana Finance Authority and Indiana Gasification, LLC
93S02-1306-EX-407
Agency action. Affirms the Indiana Utility Regulatory Commission’s approval of a contract between Indiana Finance Authority and Indiana Gasification, LLC that obligates the state to purchase synthetic natural gas that would be produced at a coal-gasification plant in Rockport. A divided panel of the Court of Appeals had invalidated the contract, but justices agreed that the IURC’s decision should be affirmed because the parties modified the disputed portion of the contract.

Indiana Court of Appeals
Indiana High School Athletic Association, Inc. v. Gregory S. Schafer and Shane Schafer b/n/f Gregory S. Schafer
37A03-1303-CP-86
Civil plenary. Affirms award of more than $86,000 in fees to the Schafers for IHSAA’s unreasonable conduct in pursuing litigation after courts repeatedly called rules it sought to enforce to declare Schafer ineligible arbitrary and capricious. The trial court was within its discretion to hold IHSAA’s conduct unreasonable and consider multiple rulings against IHSAA in reaching the decision to impose fees.

Jason Young v. Hood's Gardens, Inc.
29A02-1303-PL-298
Civil plenary. Affirms summary judgment in favor of Hood’s that it was not secondarily liable for payment of workers’ compensation benefits to Young. Judge James Kirsch dissents, arguing Hood’s did not establish that the value of services provided by Young’s boss did not exceed $1,000.

Indiana Restorative Dentistry, P.C. v. The Laven Insurance Agency, Inc., and Proassurance Indemnity Company, Inc. f/k/a The Medical Assurance Company, Inc.
49A05-1212-PL-627
Civil plenary. Reverses grant of summary judgment in favor of Laven and Proassurance, holding that Laven had a special duty to procure full coverage based on its past dealings with IRD. Remands to the trial court to enter summary judgment to IRD with respect to Laven’s duty to advise and procure, and remands for proceedings regarding Proassurance’s vicarious liability.

Christopher D. Bunch v. State of Indiana (NFP)
79A02-1303-CR-227
Criminal. Affirms Bunch’s 80-year executed sentence for pleading guilty to five counts of child molesting, each as a Class A felony.

In the Matter of the Commitment of T.G. (NFP)
19A05-1306-MH-303
Mental health. Affirms regular mental health commitment order.

Kelly S. Craig v. State of Indiana (NFP)
63A05-1209-PC-494
Post conviction. Affirms denial of Craig’s petition for post-conviction relief.

Carl E. Ascherman v. State of Indiana (NFP)
15A01-1305-CR-237
Criminal. Affirms Ascherman’s 20-year executed sentence following a conviction for one count of attempted child molesting, a Class B felony, and two counts of contributing to the delinquency of a minor, Class A misdemeanors.

Ayanna Earls v. State of Indiana (NFP)
49A02-1304-CR-364
Criminal. Affirms conviction for battery, a Class A misdemeanor.

Christopher Turner v. State of Indiana (NFP)
49A04-1304-PC-168
Post conviction. Affirms denial of Turner’s petition for post-conviction relief.

Donald L. Deputy v. Connie S. Deputy (NFP)
30A04-1303-DR-108
Domestic relation. Affirms order that father pay for son’s college room and board. Reverses order that father maintain health insurance and health care costs on children and remands for the order to be amended that the duty to maintain health care coverage is contingent upon his children remaining enrolled in a post-secondary educational institution. Judge Elaine Brown concurs in part and dissents in part.  

Adam S. Fiers v. State of Indiana (NFP)
85A04-1306-CR-320
Criminal. Affirms revocation of Fiers’ probation and sentencing him to serve six months on work release for failing to meet the financial obligations of his probation.

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.

 

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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