ILNews

High court grants 6 transfers

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  2. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  3. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  4. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  5. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

ADVERTISEMENT