ILNews

Opinions Aug. 16, 2011

August 16, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

ADVERTISEMENT