ILNews

Opinions Aug. 14, 2014

August 14, 2014
Keywords
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals
Elliott D. Levin, as trustee in bankruptcy for Irwin Financial Corp. v. William I. Miller, et al.
12-3474
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms dismissal with respects to counts 1, 2, 4 and 5 that claim bank managers violated their fiduciary duties to Irwin because those claims are now owned by the FDIC.  Vacates dismissal of counts 3 – that managers allowed Irwin to pay dividends in amounts that left it short of capital - and 7 – that two of the managers breach their duties of care and loyalty – and and remands for further proceedings because those claims are categorized as direct claims that must be pursued by the bank, not the FDIC. Judge Hamilton concurs in result.

Fortres Grand Corp. v. Warner Bros. Entertainment Inc.
13-2337
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Philip P. Simon.
Civil. Affirms finding that Fortres Grand Corp. failed to state a claim under the traditional confusion or reverse confusion theory and that Warner Bros.’ use of the words “clean slate” was protected by the First Amendment.

Indiana Court of Appeals
Michael H. Kretschmer v. Bank of America, N.A.
20A05-1312-MF-600
Mortgage foreclosure. Reverses the denial of Kretschmer’s motion to set aside a default judgment in favor of Bank of America. Finds that Kretschmer has demonstrated grounds for setting aside the entry of default judgment pursuant to Trial Rule 60(B)(1) and (3) and has alleged a meritorious defense.

Amy L. Falatovics v. Imre L. Falatovics
46A04-1401-DR-20
Domestic relation. Reverses divorce decree and remands with instructions to include in the marital estate the husband’s interest in two parcels of real estate he owns as a joint tenant with his brother subject to a life estate in his mother. Husband’s interest in the real estate was improperly excluded because he has a present pecuniary interest in the properties.

Stephanie Lucas v. State of Indiana
03A01-1309-CR-389
Criminal. Reverses on interlocutory appeal the denial of Lucas’ motion to suppress evidence obtained in the course of a traffic stop. The traffic stop was more intrusive than authorized for a permissible investigatory stop because the police officer did not articulate a legitimate reason as to why he could not complete his investigation standing alongside Lucas’ vehicle instead of having her sit in his police vehicle. Judge Bradford concurs in result in a separate opinion.

Trent A. Burnworth v. State of Indiana (NFP)
35A02-1401-CR-85
Criminal. Affirms conviction and sentence for Class D felony theft and finding that Burnworth is a habitual offender.

Arthur B. Greco, Jr. v. State of Indiana (NFP)
45A03-1401-CR-7
Criminal. Affirms sentence for Class D felonies intimidation and escape, and Class A misdemeanor resisting law enforcement.

Charles J. Dean v. State of Indiana (NFP)
22A01-1402-CR-98
Criminal. Affirms sentence following guilty plea to Class B felony dealing in a Schedule I controlled substance.

In the Matter of the Voluntary Termination of the Parent-Child Relationship of: M.C., Jr., M.C., Sr., Father v. Indiana Department of Child Services (NFP)
84A01-1302-JT-51
Juvenile. Affirms denial of motion for relief from judgment following the termination of father’s parental rights.

Kyle J. Eckstein v. State of Indiana (NFP)
19A01-1312-CR-536
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.

In the Matter of the Termination of the Parent-Child Relationship of: G.S.T. & C.T. (Minor Children), and G.T. (Father) v. The Indiana Department of Child Services (NFP)
82A04-1312-JT-603
Juvenile. Affirms termination of father’s parental rights.

Jason S. Aliff v. State of Indiana (NFP)

41A05-1401-CR-4
Criminal. Affirms conviction of Class C felony escape.

Tremayne Terry v. State of Indiana (NFP)
49A02-1312-CR-1072
Criminal. Affirms convictions of Class C felony burglary and Class D felony theft.

In the Matter of the Termination of the Parent-Child Relationship of: G.V. (Minor Child) and M.V. (Mother) v. Indiana Department of Child Services (NFP)
45A03-1312-JT-502
Juvenile. Affirms termination of mother’s parental rights.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

ADVERTISEMENT