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. 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.

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