Opinions

Opinions Aug. 24, 2012

August 24, 2012
Indiana Court of Appeals
MSKTD & Associates, Inc. v. CCJ Enterprises, LLC, Jeffrey Sassmannshausen, Loretta Sassmannshausen, Salin Bank & Trust Company (NFP)
02A04-1202-PL-101
Civil plenary. Affirms summary judgment in favor of defendants.
More

Opinions Aug. 23, 2012

August 23, 2012
Indiana Court of Appeals
Konrad Motor and Welder Service, Inc., Konrad Lambrecht, and Sharon Lambrecht v. Magnetech Industrial Services, Inc.
45A04-1203-CC-109
Civil collection. Reverses summary judgment for Magnetech and piercing Konrad Electric’s corporate veil because there are genuine issues of material fact. Affirms summary judgment for Magnetch on whether Konrad Motor and Welder Service is the alter ego of Konrad Electric. Remands for determination whether Konrad Electric’s corporate veil should be pierced and liability imposed upon the Lambrechts. If pierced, Konrad and Sharon Lambrecht may be held individually liable. Judge Crone concurs in part and dissents in part.
More

Opinions Aug. 22, 2012

August 22, 2012
Indiana Court of Appeals
Ashley T. Tucker v. Michelle R. Harrison, M.D.
79A05-1108-CT-404
Civil tort. Affirms judgment in favor of Dr. Harrison on Tucker’s medical malpractice complaint. The trial court did not abuse its discretion in excluding Tucker’s expert testimony, limiting her questioning of a witness about possible bias, or in instructing the jury.
More

Opinions Aug. 21, 2012

August 21, 2012
Indiana Court of Appeals
Jason Fields v. State of Indiana
47A04-1110-CR-577
Criminal. Affirms two convictions of Class B felony dealing in methamphetamine. The trial court’s response to the jury’s mid-deliberation question did not constitute a modification of the jury instructions.
More

Opinions Aug. 20, 2012

August 20, 2012
7th Circuit Court of Appeals
Joshua Resendez v. Brian Smith
11-1121
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms dismissal of petition for writ of habeas corpus, in which Resendez claimed the state denied him his constitutional right to counsel in a sentence correction proceeding under I.C. 35-38-1-15.  His claims may not be presented via that statute as his motion is a collateral challenge to his sentence.
More

Opinions Aug. 17, 2012

August 17, 2012
7th Circuit Court of Appeals
Amerisure Insurance Co. v. National Surety Corp. v. Scottsdale Insurance Co.
11-2762, 11-2771
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms breakdown that Amerisure, Scottsdale, and National are liable for $1 million, $1 million and $900,000, respectively, of the $2.9 million settlement a steel worker won after injuring himself on the job. Declines to apply the ‘mend-the-hold’ doctrine in this case, and Amerisure and National were not prejudiced by Scottsdale’s litigation conduct.
More

Opinions Aug. 16, 2012

August 16, 2012
7th Circuit Court of Appeals
Thomas Rosenbaum, et al. v. Beau J. White, et al.
11-3224
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Civil. Affirms summary judgment for the attorney defendants in a lawsuit filed by investors in a failed business alleging state and federal RICO violations, conversion, securities fraud, common-law fraud, civil conspiracy, and legal malpractice.
More

Opinions Aug. 15, 2012

August 15, 2012
Indiana Court of Appeals
Reko D. Levels v. State of Indiana
82A01-1201-CR-25
Criminal. Reverses convictions of battery and public intoxication as Class B misdemeanors. Levels did not validly waive his right to a jury trial.
More

Opinions Aug. 14, 2012

August 14, 2012
7th Circuit Court of Appeals
Jason Halasa v. ITT Educational Services Inc.
11-3305
Civil. Affirms summary judgment ruling and costs in favor of ITT. Jason Halasa, who directed the company’s Lathrop, Calif., campus for six months in 2009, sued the school on a claim that his rights were violated under the False Claims Act. ITT said Halasa was fired for showing poor management skills and delivering inadequate results.
More

Opinions Aug. 13, 2012

August 13, 2012
Indiana Court of Appeals
CSL Community Association, Inc. v. Clarence Ray Meador
40A01-1112-MI-579
Miscellaneous. Reverses trial court’s grant of Meador’s motion for declaratory judgment that abrogated his obligation to pay homeowner’s association dues, finding that the evidence does not support the trial court’s conclusion that the changes in the community were so radical that the original purpose of the community and the deed restrictions were destroyed, and that the trial court erred in abrogating Meador’s obligation to pay dues and assessments.

More

Opinions Aug. 10, 2012

August 10, 2012
Indiana Court of Appeals
HDNET LLC v. North American Boxing Council
49A02-1112-PL-1146
Civil plenary. Reverses and remands trial court grant of partial summary judgment in favor of North American Boxing Council, finding the grant of summary judgment was erroneous as a matter of law as it pertains to the Indiana Uniform Trade Secrets Act, and that the Boxing Council’s civil conversion claim doesn’t fall within the criminal law exception to the IUTSA’s preemption provision.
More

Opinions Aug. 9, 2012

August 9, 2012

7th Circuit Court of Appeals
Danny R. Richards v. Michael Mitcheff, et al.
11-3227
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Reverses dismissal of Richards’ lawsuit alleging the defendants violated his Eighth Amendment rights by indifference to his serious medical condition and remands for further proceedings. The suit could not be properly dismissed under Rule 12(b)(6) or Rule 12(c) because Indiana allows the statute of limitations to be tolled while one is incapacitated, which is what Richards argued as to why he didn’t file his complaint within the applicable time period.

More

Opinions Aug. 8, 2012

August 8, 2012

7th Circuit Court of Appeals
Michael J. Alexander v. Mark McKinney
11-3539
U.S. District Court, Southern District of Indiana, Indianapolis Division. Chief Judge Richard Young.
Civil. Affirms dismissal of criminal defense attorney Michael Alexander’s lawsuit against Mark McKinney alleging violations of due process after finding McKinney, former Delaware County prosecutor, was entitled to qualified immunity because the complaint did not identify a depravation of a cognizable constitutional right. Alexander’s complaint is merely an attempt to recast an untimely false arrest claim into a due process claim.

More

Opinions Aug. 7, 2012

August 7, 2012
Indiana Court of Appeals
Warrick County, Indiana, A Political Subdivision, by and through its County Commissioners, Nova Conner, Don Williams, and Phillip Baxter, and Cincinnati Insurance Co. v. William Hill and Stacy Hill
87A01-1201-PL-8
Civil plenary. Affirms denial of summary judgment for Warrick County in an action brought against it and Cincinnati Insurance Co. by William and Stacy Hill. Agrees with trial court conclusion that the Hills filed their notice under the Indiana Tort Claims Act within 180 days and that the Hills did not discover the source of the damage to their home until 2007, so the claims are within the six-year statute of limitations on actions for injury to property other than personal property.
More

Opinions Aug. 6, 2012

August 6, 2012
Indiana Court of Appeals
Donald Gregory Huls v. State of Indiana

64A04-1110-CR-552
Criminal. Affirms convictions of criminal recklessness, one as a Class D felony and one as a Class C felony. Affirms denial of motion for mistrial because the prosecutor’s isolated comment did not have a probable persuasive effect on the jury and did not place Huls in grave peril. His proposed jury instructions incorrectly stated the law on self-defense or the evidence did not support giving them.
More

Opinions Aug. 3, 2012

August 3, 2012
7th Circuit Court of Appeals
BKCAP, LLC, GRAYCAP, LLC, AND SWCAP, LLC v. Captec Franchise Trust 2000-1
11-2928, 11-3378
U.S. District Court, Northern District of Indiana, South Bend Division. Magistrate Judge Roger B. Cosbey.
Civil. Affirms ruling in favor of the borrowers’ interpretation of the prepayment premium requirements in 12 loans involving restaurants and award of prejudgment interest to the borrowers. The borrowers’ position was supported by the evidence presented at trial, and the lender is not entitled to attorney fees.
More

Opinions Aug. 2, 2012

August 2, 2012
Indiana Court of Appeals
N.B. v. State of Indiana
55A01-1111-JV-574
Juvenile. Affirms determination that N.B. committed the delinquent act of reckless homicide, a Class C felony if committed by an adult. N.B. contended that the juvenile court abused its discretion in admitting his statement to the investigating officer at the evidentiary hearing. Finds the procedural safeguards set forth in the juvenile waiver statute were met.
More

Opinions Aug. 1, 2012

August 1, 2012
Indiana Court of Appeals
Justin A. Staton v. State of Indiana (NFP)
48A02-1112-CR-1192
Criminal. Affirms revocation of probation.
More

Opinions July 31, 2012

July 31, 2012
7th Circuit Court of Appeals
Carol Aschermann v. Aetna Life Insurance Company, et al.
12-1230
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Larry J. McKinney.
Civil. Affirms the District Court judgment in favor of the insurers, in which an insurer stopped paying a worker’s disability benefits claim, holding that the decision was not arbitrary or capricious.
More

Opinions July 30, 2012

July 30, 2012
7th Circuit Court of Appeals
Winforge, Inc., et al., v. Coachmen Industries, Inc., et al.
10-3178
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms trial court judgment for defendants, agreeing that the parties had never entered into a final, enforceable contract.
More

Opinions July 27, 201

July 27, 2012
7th Circuit Court of Appeals
Leonard Lapsley, et al. v. Xtek Inc.
11-3313
U.S. District Court, Northern District of Indiana, Hammond Division. Judge Joseph S. Van Bokkelen.
Civil. Affirms denial of Xtek’s Daubert motion that sought to bar Dr. Gary Hutter from offering his expert opinions, which were essential to Lapsley’s case that a design defect in Xtek’s equipment was the cause of his accident. In this case, the District Court’s stated analysis of the proposed testimony was brief, but it was also directly to the point and was sufficient to trigger deferential review on appeal. The District Court did not misapply Daubert.
More

Opinions July 26, 2012

July 26, 2012
Indiana Supreme Court
Michael J. Lock v. State of Indiana
35S04-1110-CR-622
Criminal. Affirms Lock’s conviction and sentence for Class D felony operating a motor vehicle as a habitual traffic violator and the revocation of his driving privileges for life. I.C. 9-30-10-16 is not unconstitutionally vague and based on the stipulation that Lock’s Zuma was traveling 43 MPH, a reasonable fact-finder could find beyond a reasonable doubt that the Zuma had a maximum design speed in excess of 25 MPH. Justice Rucker dissents.
More

Opinions July 25, 2012

July 25, 2012
Indiana Supreme Court
Kenneth Dwayne Vaughn v. State of Indiana
45S05-1112-CR-684
Criminal. Affirms decision not to grant a mistrial. Vaughn did not suffer actual harm from the bailiff restraining him by covering Vaughn’s mouth in front of the jury so he would stop taking.
More

Opinions July 24, 2012

July 24, 2012
7th Circuit Court of Appeals
Jeffrey D. Kirkland v. United States of America
11-2507
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Jon E. DeGuilio.
Civil. Reverses District Court’s conclusion that an enhancement of Kirkland’s sentence under the Armed Criminal Career Act was still appropriate based on his remaining three convictions for violent felonies. Court may only consider Shepard-approved sources in determining whether prior offenses occurred on separate occasions under 18 U.S.C. Section 924(e)(1). Based on the record, the appellate court can’t conclude that Kirkland’s robbery and burglary offenses – which were on the same day – occurred on separate occasions. Remands for resentencing.
More

Opinions July 23, 2012

July 23, 2012
7th Circuit Court of Appeals
Mark McCleskey, trustee, et al. v. DLF Construction Inc., an Indiana corporation
11-1826
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms finding that the construction company, as employer, had to contribute to the funds for all hours worked by members of the union, not just bargaining unit work. The collective bargaining agreements are clear that DLF is required to make contributions to the pension and health and welfare funds for each hour worked by a covered employee.
More
Page  << 21 22 23 24 25 26 27 28 29 30 >> pager
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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

ADVERTISEMENT