ILNews

Opinions Aug. 13, 2010

August 13, 2010
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  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.

ADVERTISEMENT