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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.
10-2379
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.
10-3903
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
49A02-1102-MI-165
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.
49A02-1008-PL-952
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)
49A02-1101-CR-35
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

Jeffrey L. Turnmire v. State of Indiana (NFP)
03A01-1101-CR-41
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)
49A02-1012-CR-1326
Criminal. Affirms convictions of Class D felony theft and Class D felony pointing a firearm.

Kurt St. Angelo v. State of Indiana (NFP)
51A01-1105-IF-189
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)
20A03-1102-PL-54
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)
02A05-1103-CR-191
Criminal. Affirms sentence following guilty plea to Class D felony theft.

Jose Cruz v. State of Indiana (NFP)
49A02-1012-CR-1343
Criminal. Affirms conviction of Class C felony child molesting.

Johnny Joe Olinger v. State of Indiana (NFP)
83A01-1012-CR-668
Criminal. Affirms sentence for Class B misdemeanor disorderly conduct.

Kenny Mong v. State of Indiana (NFP)
89A01-1012-CR-662
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)
40A05-1101-JT-17
Juvenile termination of parental rights. Affirms termination of parental rights for mother and father.

Cartier D. Tasby v. State of Indiana (NFP)
27A05-1010-CR-710
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)
20A04-1008-CR-584
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. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  4. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

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