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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. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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