Opinions Sept. 10, 2015

September 10, 2015
Indiana Supreme Court
Dennis Boyer and Richard Smith v. Ernest Smith, Suzanne Cassidy, Esq., and In-Plas, Inc.
Civil tort. Affirms trial court ruling that it lacked personal jurisdiction over Cassidy, an attorney licensed in Kentucky. Rules Cassidy’s contacts with Indiana were products of her relationship with the plaintiffs and her client.

Opinions Sept. 9, 2015

September 9, 2015
7th Circuit Court of Appeals
The following opinion was posted after IL deadline Tuesday:
United States of America v. Eugene Clarke
Appeal from the U.S. District Court for the Northern District of Indiana, Hammond Division
Judge Rudy Lozano
Criminal. Affirms conviction for seven counts of filing a false claim with the United States in violation of 18 U.S.C. 287. Rules the government did not have to prove Clarke willfully submitted false claims. Finds Clarke’s “patently false and utterly groundless” tax returns provided sufficient evidence that he knew he was filing claims with false information. Concludes the District Court did not abuse its discretion when it refused to give Clarke’s good faith instruction to the jury.

Opinions Sept. 8, 2015

September 8, 2015
Indiana Court of Appeals
Deonte R. Hester v. State of Indiana (mem. dec.)
Criminal. Affirms 30-year aggregate sentence and convictions of Class A felony possession of cocaine, Class C felony operating a vehicle while privileges are forfeited for life and Class A misdemeanor counts of resisting law enforcement and possession of marijuana.

Opinions Sept. 4, 2015

September 4, 2015
7th Circuit Court of Appeals
Grace Schools, et al., and Diocese of Fort Wayne-South Bend, Inc., et al. v. Sylvia Mathews Burwell, et al.
Appeals from the U.S. District Court for the Northern District of Indiana
Judge Jon De Guilio
Civil. Reverses preliminary injunction in favor of the plaintiffs, preventing the federal government from enforcing the “contraceptive mandate” of the Patient Protection and Affordable Care Act. However, extends the injunction for 60 days to allow the District Court the time to address additional arguments made by the parties. Finds the accommodation does not impose a substantial burden on the plaintiffs’ religious beliefs. Judge Daniel Manion dissents, arguing nonprofits have shown accommodation violates the federal Religious Freedom Restoration Act.

Opinions Sept. 3, 2015

September 3, 2015
Indiana Court of Appeals
Memory Gardens Management Corporation, Inc. v. Liberty Equity Partners, LLC, and Old Bridge Funeral Home, LLC
Civil collection. Affirms grant of the Old Bridge parties’ motion for summary judgment and affirms the denial of Memory Gardens’ cross-motion for summary judgment. Remands to decide reasonable appellate attorney fees. Finds Memory Gardens’ failure to object to receiver’s final report forever bars it from claiming the $450,000 demand note. Also rules receiver abandoned Memory Gardens’ claims for the demand note.

Opinions Sept. 2, 2015

September 2, 2015
Indiana Supreme Court
David Anderson, Joe Wray, John Kennard, Commissioners, and Board of Trustees, Brown County Fire Protection District v. Susanne Gaudin, Janet Kramer, and Ruth Reichmann
Civil plenary. Reverses summary judgment finding that a county board of commissioners lacked authority to amend an ordinance that previously established a countywide fire protection district. Majority concludes that under the Home Rule Act, boards of county commissioners are authorized to amend fire protection districts, even if an amendment dissolves the district. The opinion written by Justice Brent Dickson was joined by Justice Mark Massa and Chief Justice Loretta Rush; Justice Steven David concurred with a separate opinion. Justice Robert Rucker dissented and would affirm the trial court judgment in favor of property owners.

Opinions Sept. 1, 2015

September 1, 2015
7th Circuit Court of Appeals
Neal D. Secrease Jr. v. The Western & Southern Life Insurance Co., et al.

Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division
Judge Jane Magnus-Stinson
Civil. Affirms District Court dismissal with prejudice of Secrease’s sex and age discrimination and retaliation complaints. While the sanction of dismissal with prejudice is severe, it is justified in this case where Secrease attempted to perpetrate a fraud on the court by submitting a purported employment contract that contained an arbitration agreement that was not a provision in the contract he signed.

Opinions Aug. 31, 2015

August 31, 2015
7th Circuit Court of Appeals
Michael A. Kelley v. Greg Zoeller, Indiana Attorney General
Appeal from the U.S. Court for the Northern District of Indiana, Hammond Division
Judge Theresa L. Springmann
Affirms the District Court’s dismissal for lack of jurisdiction of Kelley’s suit alleging that under a plea deal struck in a robbery case in 1975, his conviction should have been expunged. No expungement statute existed then, and Indiana courts have determined that Kelley waited too long to challenge the 1975 robbery conviction.

Opinions Aug. 28, 2015

August 28, 2015
7th Circuit Court of Appeals
Saint Catherine Hospital of Indiana, LLC v. Indiana Family and Social Services  Administration
14-2420 & 142546
Appeal from the U.S. District Court for the Southern District of Indiana, New Albany Division
Judge Sarah Evans Barker
Civil. Reverses the District Court’s order which allowed FSSA to keep the Hospital Assessment Fee it collected from St. Catherine for fiscal year 2013. Finds the 2013 HAF assessment was based on the hospital’s cost reports before it filed for bankruptcy. Concludes the claim is subject to the automatic stay.

Opinions Aug. 27, 2015

August 27, 2015
7th Circuit Court of Appeals
C.W. and E.W., by Guardians and Next Friends Adele A. Wood and Jason A. Wood v. Textron, Inc.
Appeal from the U.S. District Court for the Northern District of Indiana, South Bend Division
Chief Judge Philip P. Simon
Civil. Affirms summary judgment in favor of Textron. Finds the testimony of the three experts was properly excluded because none provided a direct link between vinyl chloride exposure and the illnesses experienced by C.W. and E.W. Disagrees with the District Court’s rationale regarding causation. Adopts 2nd Circuit approach that differential etiology is sufficient to help prove both general and specific causation.

Opinions Aug. 26, 2015

August 26, 2015
7th Circuit Court of Appeals
Eric V. Harden v. Marion County Sheriff’s Department
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division
Judge Tanya Walton Pratt
Civil. Affirms grant of summary judgment for the sheriff’s department. Finds Harden did not offer any evidence that supports his claim that he was fired in retaliation for testifying on behalf of African-American officers in a race discrimination investigation. Determines the internal affairs investigation of a theft that led to Harden’s termination was not a “sham” and a reasonable jury could find the investigation worthy of credence.

Opinions Aug. 25, 2015

August 25, 2015
7th Circuit Court of Appeals
D.S. b/n/f George M. Stahl and Debbie Lynn Stahl v. East Porter County School Corporation, et al.
Appeal from the U.S. District Court for the Northern District of Indiana, Hammond Division
Magistrate Judge Paul R. Cherry
Civil. Affirms summary judgment in favor of the school corporation defendants, finding that in bringing a suit over alleged bullying at school, the plaintiffs did not offer sufficient evidence to create a genuine issue of material fact under the state-created danger standard.

Opinions Aug. 24, 2015

August 24, 2015
7th Circuit Court of Appeals
JMB Manufacturing Inc., d/b/a/ Summit Forest Products Co. v. Child Craft, LLC, et al
Harrison Manufacturing, LLC, f/k/a Child Craft, LLC v. Ron Bienias
Civil tort. Reverses judgment on Child Craft’s negligent misrepresentation counterclaim against Bienias and Summit. Directs the District Court to enter final judgment in favor of Bienias and Summit on that counterclaim. Affirms dismissal of Child Craft’s breach of contract against Summit and Summit’s claims against Child Craft.  

Opinions Aug. 21, 2015

August 21, 2015
Indiana Supreme Court    
In Re the Involuntary Term. of the Parent-Child Relationship of K.E., a Minor Child, and His Father, J.E., and His Mother, S.S. v. Ind. Dept. of Child Services
Juvenile. Reverses termination of parental rights of J.E. to his son, K.E. Finds although J.E. is currently incarcerated, he has taken steps to improve himself, address his drug addiction and bond with his child. Concludes the evidence is not sufficient to support the reasonable probability that the conditions that led to K.E.’s removal are unlikely to be remedied or that J.E. poses a threat to the child.

Opinions Aug. 19, 2015

August 19, 2015
7th Circuit Court of Appeals
Kyle D. Alaura v. Carolyn W. Colvin
Appeal from the U.S. District Court for the Northern District of Indiana, Fort Wayne Division
Chief Judge Philip P. Simon
Agency action. Reverses denial of application for total disability benefits, which was premature, and remands to the District Court for further consideration of Alaura’s claim.

Opinions Aug. 18, 2015

August 18, 2015
7th Circuit Court of Appeals
Carlton Hart v. Christine Mannina, et al.
Appeal from the District Court for the Southern District of Indiana, Indianapolis Division
Judge William T. Lawrence
Affirms grant of summary judgment in favor of Mannina, an Indianapolis Metropolitan Police Department detective, and other police defendants. Hart was arrested in a murder investigation recorded for the reality television series “The Shift,” but charges later were dismissed. He sued police and the city claiming various violations of his constitutional rights. Because police had probable cause to arrest him, summary judgment in favor of the defendants was neither an abuse of discretion nor actual and substantial prejudice.

Opinions Aug. 17, 2015

August 17, 2015
7th Circuit Court of Appeals
Rebecca Riker v. Bruce Lemmon, in his official capacity, et al.
Appeal from the United States District Court for the Southern District of Indiana
Judge Tanya Walton Pratt
Civil. Reverses District Court grant of summary judgment in favor of defendants on Riker’s claim that she was improperly denied permission to marry a Department of Correction inmate. Riker is a former contract employee at Wabash Valley Correctional Facility who was terminated after a sexual relationship with an inmate. The District Court erred in granting summary judgment and concluding the DOC’s denial of her request for a one-time visit to participate in a marriage ceremony did not violate her constitutional right to marry.

Opinions Aug. 14, 2015

August 14, 2015
7th Circuit Court of Appeals
Robert E. Spierer, et al. v. Corey E. Rossman, et al.
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division
Judge Tanya Walton Pratt
Civil. Affirms summary judgment in favor of defendants sued by the family of missing Indiana University student Lauren Spierer. Plaintiffs failed to state a plausible claim under Indiana common law for negligence.

Opinions Aug. 13, 2015

August 13, 2015
7th Circuit Court of Appeals
Wayne Kubsch v. Ron Neal, superintendent, Indiana State Prison
Appeal from the U.S. District Court, Northern District of Indiana, South Bend Division
Chief Judge Philip Simon
Criminal. Affirms denial of Kubsch’s habeas corpus petition. Majority rules the exclusion of testimony by neighbors which could have exonerated Kubsch was hearsay and, therefore, not admissible. In a dissent, Chief Judge Diane Wood argues the testimony should have been admitted under Chambers v. Mississippi, 410 U.S. 284 (1973).

Opinions Aug. 12, 2015

August 12, 2015
Indiana Court of Appeals
Fifty Six LLC, individually and, alternatively, in the name of the State of Indiana on relation of Fifty Six LLC v. The Metropolitan Development Commission of Marion County
Civil plenary.  Reverses and remands denial of landowner Fifty Six LLC’s motion to correct error and granting of the development commission’s cross motion for summary judgment regarding the adoption of the Millersville Plan to guide development of a northeast-side Indianapolis community. Fifty Six had standing to challenge the Millersville plan and the MDC did not comply with required notice and hearing provisions before the hearing on the Millersville Plan’s adoption. Remanded for proceedings.

Opinions Aug. 11, 2015

August 11, 2015
Indiana Court of Appeals
LHO Indianapolis One Lessee, LLC v. Esther Bowman, Individually and on Behalf of Other Similarly Situated Individuals
Civil tort. Reverses the trial court’s certification of a class defined by Bowman. Finds members of the class did not meet the requirement of Indiana Trial Rule 23(B)(3) by showing their illnesses were caused by eating the same contaminated food. Remands with the options of either redefining the class under Indiana Trial Rule23(C)(4)(a) or continuing under T.R. 23(B)(3) with respect to the hotel’s general liability only. 

Opinions Aug. 10, 2015

August 10, 2015
7th Circuit Court of Appeals
United States of America v. Dennis R. Williams and Leslie Ann Williams and Indiana Dept. of Revenue and Clark County Indiana
Appeal from U.S. District Court, Southern District of Indiana, New Albany Division
Chief Judge Richard Young
Civil. Affirms order the property belonging to the Williamses be sold and the receipts divided among the Internal Revenue Service, the state of Indiana and Clark County. Finds the U.S. secretary of the treasury did authorize the proceedings and the attorney general did direct the action to commence. Holds the Williamses did receive notification of the amount of taxes they owed. Rules the state and county claims belong in the proceeding. Concludes the District Court’s decision is sensible and not an abuse of discretion.

Opinions Aug. 7, 2015

August 7, 2015
7th Circuit Court of Appeals
The following opinion was posted after IL deadline Thursday
United States of America v. Jeffrey P. Taylor
Appeal from the U.S. District Court, Northern District of Indiana, Hammond Division
Judge Rudy Lozano
Criminal. Vacates sentence for Taylor convicted in 2007 of attempted transferring obscene materials to minors and remands to the District Court to remove a special condition of probation barring Taylor from viewing otherwise legal adult pornography. Taylor must make all Internet-accessible devices available for inspection without reasonable suspicion. A ban on contact with minors is overly broad. Judge David Hamilton concurred in part but dissented on lifting the pornography ban, finding no abuse of discretion. Judge Frank Easterbrook concurred separately to cite jurisdictional conflicts.

Opinions Aug. 6, 2015

August 6, 2015
7th Circuit Court of Appeals
United States of America v. Sandra McGuire
Appeal from the U.S. District Court, Northern District of Indiana, Hammond Division
Judge James Moody
Criminal. Dismisses appeal over the denial of McGuire’s motion to withdraw a guilty plea to money laundering for depositing $2,200 in drug proceeds into her checking account. McGuire’s plea agreement included a waiver of appeal, and this applies to her motion to withdraw the plea after it was accepted but before she was sentenced.

Opinions Aug. 5, 2015

August 5, 2015
Indiana Court of Appeals
BGC Entertainment, Inc. d/b/a Brad's Gold Club and 3551 Lafayette Road Corp. d/b/a Brad's Gold Club v. Jerry Coleman Buchanan, by His Father and Guardian, Odell Buchanan
Civil tort. Affirms denial of summary judgment in favor of Brad’s Gold Club parties in a negligence action resulting from a pedestrian’s injuries caused by a club waitress’s crash on her way home from work after she had been furnished alcohol. There are issues of fact concerning whether the club provided the waitress alcohol with knowledge she was visibly intoxicated and whether it breached its duty to supervise her. Buchanan’s cross-motion for summary judgment also was properly denied because evidence establishes that the waitress had no knowledge of her own level of intoxication to be imputed to the club.
Page  << 1 2 3 4 5 6 7 8 9 10 >> pager
Sponsored by
Subscribe to Indiana Lawyer
  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.