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Opinions Aug. 20, 2010

August 20, 2010
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7th Circuit Court of Appeals

Torrey Bauer, David Certo, and Indiana Right to Life, Inc. v. Randall T. Shepard, et al.
09-2963
U.S. District Court, Northern District of Indiana, Fort Wayne Division. Judge Theresa L. Springmann.
Civil. Affirms District court’s ruling that the state’s judicial canons are constitutional regarding whether judges can make public statements regarding controversial issues. The opinion recognizes a split among Circuits throughout the country on the issue. Also finds that a portion of the challenge involving the pre-2009 conduct code is unripe, rather than moot as the District court had found.

Franz Schleicher, et al. v. Gary C. Wendt, et al.
09-2154
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge David F. Hamilton.
Civil. Finds the District Court did not commit a legal error, or abuse its discretion, in deciding that the fraud-on-the-market doctrine should not be conscripted to serve some other function in a lawsuit. In this case, the plaintiffs claim the defendants made false statements about Conseco, which in turn affected their perceived value of the shares.

Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals

Jeff Sagarin and Shirley Jablonski v. City of Bloomington
53A01-0909-CV-454
Civil. Affirms trial court’s ruling in city’s favor regarding Sagarin’s inverse condemnation claim because he knew about the easement when he purchased the property. Reverses and remands for determination of attorney’s fees in regards to Jablonski. Affirms trial court’s determination regarding tolling of statute of limitations.

Canteen Service Company of Indianapolis, Inc. v. Indiana Dept. of Transportation
82A04-0908-CV-466
Civil. Affirms the trial court’s judgment in favor of the Indiana Department of Transportation on Canteen’s claim for damages from an alleged inverse condemnation. Canteen raised two issues for review: whether Canteen’s previous sale of its property adjacent and contiguous to First Avenue extinguished its right of direct access to First Avenue; and whether INDOT’s relocation of Canteen’s entrance to First Avenue by 210 feet, and by way of a frontage road, amounted to a “taking” under Indiana law.

Richard M. Jackson Sr. d/b/a RMJ Investigations v. Benjamin Parks (NFP)
29A04-1003-SC-193
Civil. Dismisses Jackson’s appeal of the small claims court’s order that he be represented by counsel in his efforts to enforce an assigned judgment. Finds his appeal is not properly before the Court of Appeals.

Term. of Parent-Child Relationship of E.K.H.; K.E.N. and C.J.H., Jr. v. Indiana Dept. of Child Services (NFP)
20A03-0912-JV-603
Juvenile. Affirms termination of parental rights.

Term. of Parent-Child Relationship of A.E. and S.W.; S.E. and A.E. v. IDCS (NFP)
17A03-0911-JV-558
Juvenile. Affirms termination of parental rights.

Kurt Retrum, M.D., et al. v. Sarah Tinch (NFP)
48A02-1002-PL-97
Civil. Reverses and remands for entry of summary judgment in favor of the defendants Kurt Retrum, et al. because the statute of limitations had expired.

Donald Carew v. State of Indiana (NFP)
49A02-1001-CR-27
Criminal. Affirms conviction of public intoxication, a Class B misdemeanor, following a bench trial.

Indiana Tax Court posted no opinions before IL deadline.
 

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  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

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