Opinions Aug. 16, 2011

August 16, 2011
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The following opinion was posted after IL deadline Monday:

7th Circuit Court of Appeals
Blanca Gomez and Joan Wagner-Barnett v. St. Vincent Health Inc.
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms District Court’s decision to not certify the class, not to award statutory penalties, and the amount of damages awarded to Barnett in the proposed class action seeking damages from and statutory penalties against St. Vincent for violating the notice provisions regarding extending health care coverage after ending employment. The District Court didn’t err in awarding Barnett $396 in damages pursuant to U.S.C. Section 1132(c)(1) or in finding the proposed counsel inadequate to represent the class.

Today’s opinions:
Indiana Supreme Court had posted no opinions at IL deadline.

7th Circuit Court of Appeals
Lady Di’s, Inc. v. Enhanced Services Billing, Inc., and ILD Telecomunications, doing business as ILD Teleservices, Inc.
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms District Court’s denial of plaintiff’s request for class certification and grant of the defendants’ motions for summary judgment on the unjust enrichment and statutory deception claims, holding Indiana “anti-cramming” regulation does not apply to the defendants because they are not telephone companies and did not act in this case as billing agents for telephone companies.

Indiana Court of Appeals
Gordon B. Dempsey v. Dept. of Metropolitan Development
Miscellaneous. Reverses trial court’s dismissal of Dempsey’s appeal, holding that because he paid a fine under protest to avoid a tax sale, his appeal is not moot. Remands to the trial court with instructions that it determine whether a fine was warranted.

Murat Temple Association, Inc. v. Live Nation Worldwide, et al.
Civil plenary. Affirms trial court’s dismissal of Murat Temple Association’s claim for tortious interference with a contractual relationship.

Harrion Dixon v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

Jeffrey L. Turnmire v. State of Indiana (NFP)
Criminal. Affirms aggregate sentence of Class C felony operating a motor vehicle while intoxicated causing serious bodily injury and Class D felony operating a vehicle as a habitual traffic violator.

Steven Young v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felony theft and Class D felony pointing a firearm.

Kurt St. Angelo v. State of Indiana (NFP)
Infraction. Affirms trial court’s judgment that St. Angelo committed a Class C infraction of speeding.

Michael S. Fahlbeck v. Bryan Bucklen, et al. (NFP)
Civil plenary. Affirms trial court’s award of attorney fees to Bucklen, et. al., holding that Fahlbeck waived his argument on appeal because it was not properly asserted at the trial court level.

Winfred Jefferson v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class D felony theft.

Jose Cruz v. State of Indiana (NFP)
Criminal. Affirms conviction of Class C felony child molesting.

Johnny Joe Olinger v. State of Indiana (NFP)
Criminal. Affirms sentence for Class B misdemeanor disorderly conduct.

Kenny Mong v. State of Indiana (NFP)
Criminal. Reverses sentence for two counts Class A felony dealing in cocaine, finding the sentence is inappropriate in light of the offense and character of the offender and that the trial court’s statements at sentencing conflicted with the sentence imposed.

Term. of Parent-Child Rel. of N.D.; H.D. and D.D. v. I.D.C.S. (NFP)
Juvenile termination of parental rights. Affirms termination of parental rights for mother and father.

Cartier D. Tasby v. State of Indiana (NFP)
Criminal. Affirms convictions of Class D felony residential entry, Class D felony theft, and Class A misdemeanor resisting law enforcement.

Purl Robert Silk III v. State of Indiana (NFP)
Criminal. Affirms the trial court’s denial of Silk’s petition to file a belated notice of appeal, holding that Silk was not diligent in requesting permission to file a belated notice of appeal.

Indiana Tax Court had posted no opinions at IL deadline.


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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.