ILNews

Opinions April 11, 2011

April 11, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Randall Woodruff, trustee, U.S. Bankruptcy Court, on behalf of Legacy Healthcare Inc. v. Indiana Family & Social Services Administration, Office of Medicaid Policy and Planning
29A02-1002-PL-220
Civil plenary. Reverses summary judgment in favor of the Family and Social Services Administration on New Horizon Development Center’s $4 million quantum meruit claim. Once a provider with a long-term care facility has been voluntarily or involuntarily terminated, FSSA, as the state Medicaid agency, has the primary responsibility for relocating the Medicaid patients and for ensuring their safe and orderly transfer from the old facility. FSSA is also responsible for the care and services provided to these patients during the transfer process and the costs it incurred in operating the receivership. Directs that summary judgment be entered in favor of New Horizon.

Sheila Rudolph, et al. v. Roberta L. Ross, et al. (NFP)
49A02-1007-PL-754
Civil plenary. Affirms partial summary judgment for the Law Group of Ross and Brunner, and attorneys Roberta Ross and Darrolyn Ross in Rudolph and others suit alleging the attorneys improperly retained more than their share as compensation for legal services.

Jesse B. Scarsbrook v. State of Indiana (NFP)
49A02-1009-CR-1109
Criminal. Affirms revocation of placement in community corrections.

James A. Watson v. State of Indiana (NFP)
20A03-1005-CR-297
Criminal. Reverses calculation of credit for the time Watson served prior to the revocation of his probation and remands with instructions.

Think Tank Software Dev., et al. v. Chester, Inc., et al. (NFP)
64A03-1003-PL-172
Civil plenary. Reverses summary judgment on the basis that the covenant not to compete was overbroad, on the propriety of the confidentiality clause, and on the tortious interference with a contract issue. Affirms summary judgment on the other remaining issues. Remands for further proceedings consistent with the opinion.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court had granted four transfers and denied 33 for the week ending April 8.

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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