Opinions Aug. 17, 2012

August 17, 2012
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7th Circuit Court of Appeals
Amerisure Insurance Co. v. National Surety Corp. v. Scottsdale Insurance Co.
11-2762, 11-2771
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms breakdown that Amerisure, Scottsdale, and National are liable for $1 million, $1 million and $900,000, respectively, of the $2.9 million settlement a steel worker won after injuring himself on the job. Declines to apply the ‘mend-the-hold’ doctrine in this case, and Amerisure and National were not prejudiced by Scottsdale’s litigation conduct.

Indiana Supreme Court and Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals

Bryan J. Fields v. State of Indiana
Criminal. Affirms trial court denial of Fields’ request to reduce his Class D felony conviction of operating a vehicle while intoxicated to a Class A misdemeanor. In light of Brunner v. State and the plain language used by the Legislature, I.C. 35-38-1-17 does not grant the trial court the authority to reduce a felony conviction to a misdemeanor.  

John Willis v. State of Indiana (NFP)
Criminal. Affirms trial court decision to not inform jury about Willis’ mental health issues to explain his behavior during voir dire.
Ronald Williams v. State of Indiana (NFP)
Criminal. Affirms denial of motion to correct erroneous sentence.

Darrell Hall v. State of Indiana (NFP)
Criminal. Remands for correction of the abstract of judgment to reflect that Hall was convicted of Class B misdemeanor battery.

Steven C. Lane v. Brandy D. Rosenquist and Hermann Ventures, LLC d/b/a Seasons Homecare (NFP)
Civil tort. Affirms denial of motion to correct error and exclusion of evidence regarding health insurance.

Mark Van Eaton and Cynthia Van Eaton Vallimont v. German American Bancorp (NFP)
Mortgage foreclosure. Reverses order granting German American Bancorp’s motion to sell real estate. Remands for further proceedings.


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