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Opinions Aug. 17, 2011

August 17, 2011
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7th Circuit Court of Appeals
Lisa Hicks v. Avery Drei, LLC and Chance Felling
10-2744
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
Civil. Affirms grant of Avery Drei and Felling’s motion for judgment as a matter of law on Hicks’ vacation pay claim and a portion of their similar motion on her overtime pay claim. Evidence shows that Hicks and Felling had an agreement that Hicks would not earn vacation pay until after being employed for one year; her employment ended before she reached her one-year anniversary. The District Court did not abuse its discretion in denying Hicks’ motion in limine. Affirms in all other respects.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Amy Gulbranson v. State of Indiana
71A05-1103-CR-120
Criminal. Affirms conviction of Class C felony assisting a criminal. Gulbranson’s reliance on authority interpreting prior versions of Ind. Code 35-44-3-2 is misplaced.

C.S. v. State of Indiana
67A01-1101-JS-19
Juvenile. Reverses adjudication as a delinquent child for violating the compulsory school attendance law, a status offense. There was insufficient evidence that C.S. is in need of care, treatment, or rehabilitation, which is a required element in order to be adjudicated.

Randall Thomas Ford v. Debra Ann Ford
07A01-1012-DR-601
Domestic relation. Affirms the trial court’s conclusion that Randall Ford’s employer-funded health benefit account constitutes a marital asset subject to division, but reverses the judgment regarding valuation of the account. Although there are possibilities that might impact the valuation of the account, they do not alter the fact that that Randall does have an immediately existing right to present enjoyment of the account. Remands with instructions to conduct a hearing at which the value of the account as a divisible marital asset may be determined.

Outboard Boating Club of Evansville, Inc., et al. v. Indiana State Dept. of Health
82A01-1102-PL-52
Civil plenary. Affirms grant of the health department’s motion to dismiss the boating clubs’ action for declaratory judgment that the health department had no jurisdiction to regulate the clubs’ facilities. The trial court lacked subject matter jurisdiction due to the clubs’ failure to exhaust administrative remedies.

Joshua Farmer v. State of Indiana (NFP)
89A01-1012-CR-656
Criminal. Affirms conviction of Class D felony possession of a narcotic drug.

Tat-Yik Jarvis Ka and Amanda Beth Ka v. City of Indianapolis (NFP)

49A02-1103-CT-188
Civil tort. Affirms summary judgment for the City of Indianapolis on the Kas’ suit for negligence, negligent infliction of emotional distress, trespass and nuisance after sewage from a city pipe backed up into their home.

Thomas Hopkins v. State of Indiana (NFP)

48A04-1101-CR-13
Criminal. Affirms revocation of probation.

David G. Carmichael v. Candace (Carmichael) Ballard (NFP)
52A05-1012-DR-770
Domestic relation. Affirms denial of Carmichael’s motion for relief from judgment.

Kevin R. Franklin v. State of Indiana (NFP)
02A03-1012-CR-651
Criminal. Affirms convictions of murder, Class C felony carrying a handgun without a license, and Class D felony criminal recklessness.

N.D. v. T.D. (NFP)
71A03-1011-DR-648
Domestic relation. Affirms trial court’s ruling regarding custody, provisional child support, tax exemption, attorney fees, and bias. Remands for further consideration regarding the father’s pension.

Base Alston-Butler v. State of Indiana (NFP)
49A02-1101-CR-55
Criminal. Affirms convictions of four counts of Class B felony robbery.

Beverly Jinkins v. Jet Credit Union (NFP)
49A02-1006-PL-666
Civil plenary. Affirms partial summary judgment for Jet Credit Union on Jinkins’ counterclaims alleging breach of contract and various tort claims. Affirms grant of Jet’s motion to strike Jinkins’ untimely response.

Term. of Parent-Child Rel. of: S.C., et al.; D.C. v. I.D.C.S. (NFP)
79A02-1102-JT-203
Juvenile. Affirms termination of parental rights.

Frontier Insurance Co. and Midwest Bonding, Inc. v. State of Indiana (NFP)
20A04-1102-CR-89
Criminal. Reverses denial of motion to correct error challenging an order for forfeiture of a bond and the imposition of late surrender fees.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

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