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Opinions Aug. 13, 2010

August 13, 2010
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7th Circuit Court of Appeals
Barbara J. Castile v. Michael J. Astrue, Commissioner of the Social Security Administration
09-3917
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge David Hamilton.
Civil. Affirms denial of Castile’s numerous claims for obtaining disability insurance and disability widow’s benefits. There was substantial evidence to support the administrative law judge’s conclusion that Castile’s chronic fatigue syndrome didn’t render her disabled. The ALJ thoroughly examined the evidence and articulated his findings and the District Court didn’t err in upholding the ALJ’s credibility determinations.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Bonnie Taggart Paloutzian, et al. v. Belle Delint-Eaglesfield and Gregory Taggart
49A02-0908-CV-817
Civil. Affirms order that Gregory Taggart and Belle Delint-Eaglesfield, adopted children of Henry G. Taggart, are beneficiaries under their grandfather Alex Taggart Jr.’s 1953 trust. Holds that a 2003 amendment to the Trust Code I.C. Section 30-4-2.1-2, which abrogated the stranger to the adoption rule and placed adopted children on equal footing with natural children, applies retroactively to the trust in this case pursuant to I.C. Section 30-4-1-4. Judge Crone dissents.

Henry C. Bennett, et al. v. John E. Richmond, et al.
20A03-0906-CV-285
Civil. Reverses denial of Bennett and Schupan & Son’s motion to correct error following a jury trial verdict in favor of John and Jennifer Richmond on their complaint alleging Bennett’s negligence and damages. The trial court abused its discretion by allowing Dr. McCabe to testify that John Richmond sustained a brain injury as a result of the car accident with Bennett. Remands for a new trial.

Bruce Swift, Jr. v. Robert J. Jeka and Alexandra Jeka (NFP)
64A03-1002-PL-52
Civil plenary. Reverses judgment in favor of the Jekas that Swift committed fraud and constructive fraud.

Dimensions, Inc., and DI Construction Services, Inc. v. The Odle, McGuire & Shook Corporation (NFP)
49A05-0909-CV-540
Civil. Affirms summary judgment for The Odle, McGuire & Shook Corp. on Dimensions, Inc. and DI Construction Services’ claims for breach of contract and negligence.

Indiana Tax Court had posted no opinions at IL deadline.
 

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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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