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Opinions Aug. 10, 2012

August 10, 2012
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7th Circuit Court of Appeals posted no Indiana opinions prior to IL deadline.

Indiana Supreme Court and Tax Court posted no opinions prior to IL deadline.


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.

Teresa A. Houser, Personal Rep. of the Est. of Anonymous Physician, Deceased v. Stacy Kaufman, C.K., and Brent Kaufman; Teresa A. Houser, Personal Rep. v. Stacy Kaufman, et al.
50A03-1201-MI-19
Miscellaneous/estate. Affirms denial of the estate’s motion for summary judgment in a medical malpractice suit, holding that the two-year statute of limitations in medical malpractice is unconstitutional in cases where a plaintiff does not know within that period about a potential act of malpractice. Affirms summary judgment for the estate with respect to Dr. K. owing no duty of care to C.K., the child of Stacy Kaufman.

Daniel Joseph Sheets v. State of Indiana (NFP)
76A03-1202-CR-53
Criminal. Affirms sentence for Class B felony dealing in methamphetamine.

Ronald Graham v. State of Indiana (NFP)
49A05-1111-CR-618
Criminal. Affirms concurrent sentences totaling 30 years for conviction on charges related to a shooting during a drug deal.

The Estate of Rose Graves v. Anonymous Nursing Home (NFP)
45A03-1112-CT-560
Civil tort. On rehearing, reaffirms trial court order dismissing the estate’s action.


 

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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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