ILNews

Opinions Dec. 17, 2013

December 17, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

Indiana Supreme Court
Indiana Gas Company, Inc. and Southern Indiana Gas and Electric Company, et al v. Indiana Finance Authority and Indiana Gasification, LLC
93S02-1306-EX-407
Agency action. Affirms the Indiana Utility Regulatory Commission’s approval of a contract between Indiana Finance Authority and Indiana Gasification, LLC that obligates the state to purchase synthetic natural gas that would be produced at a coal-gasification plant in Rockport. A divided panel of the Court of Appeals had invalidated the contract, but justices agreed that the IURC’s decision should be affirmed because the parties modified the disputed portion of the contract.

Indiana Court of Appeals
Indiana High School Athletic Association, Inc. v. Gregory S. Schafer and Shane Schafer b/n/f Gregory S. Schafer
37A03-1303-CP-86
Civil plenary. Affirms award of more than $86,000 in fees to the Schafers for IHSAA’s unreasonable conduct in pursuing litigation after courts repeatedly called rules it sought to enforce to declare Schafer ineligible arbitrary and capricious. The trial court was within its discretion to hold IHSAA’s conduct unreasonable and consider multiple rulings against IHSAA in reaching the decision to impose fees.

Jason Young v. Hood's Gardens, Inc.
29A02-1303-PL-298
Civil plenary. Affirms summary judgment in favor of Hood’s that it was not secondarily liable for payment of workers’ compensation benefits to Young. Judge James Kirsch dissents, arguing Hood’s did not establish that the value of services provided by Young’s boss did not exceed $1,000.

Indiana Restorative Dentistry, P.C. v. The Laven Insurance Agency, Inc., and Proassurance Indemnity Company, Inc. f/k/a The Medical Assurance Company, Inc.
49A05-1212-PL-627
Civil plenary. Reverses grant of summary judgment in favor of Laven and Proassurance, holding that Laven had a special duty to procure full coverage based on its past dealings with IRD. Remands to the trial court to enter summary judgment to IRD with respect to Laven’s duty to advise and procure, and remands for proceedings regarding Proassurance’s vicarious liability.

Christopher D. Bunch v. State of Indiana (NFP)
79A02-1303-CR-227
Criminal. Affirms Bunch’s 80-year executed sentence for pleading guilty to five counts of child molesting, each as a Class A felony.

In the Matter of the Commitment of T.G. (NFP)
19A05-1306-MH-303
Mental health. Affirms regular mental health commitment order.

Kelly S. Craig v. State of Indiana (NFP)
63A05-1209-PC-494
Post conviction. Affirms denial of Craig’s petition for post-conviction relief.

Carl E. Ascherman v. State of Indiana (NFP)
15A01-1305-CR-237
Criminal. Affirms Ascherman’s 20-year executed sentence following a conviction for one count of attempted child molesting, a Class B felony, and two counts of contributing to the delinquency of a minor, Class A misdemeanors.

Ayanna Earls v. State of Indiana (NFP)
49A02-1304-CR-364
Criminal. Affirms conviction for battery, a Class A misdemeanor.

Christopher Turner v. State of Indiana (NFP)
49A04-1304-PC-168
Post conviction. Affirms denial of Turner’s petition for post-conviction relief.

Donald L. Deputy v. Connie S. Deputy (NFP)
30A04-1303-DR-108
Domestic relation. Affirms order that father pay for son’s college room and board. Reverses order that father maintain health insurance and health care costs on children and remands for the order to be amended that the duty to maintain health care coverage is contingent upon his children remaining enrolled in a post-secondary educational institution. Judge Elaine Brown concurs in part and dissents in part.  

Adam S. Fiers v. State of Indiana (NFP)
85A04-1306-CR-320
Criminal. Affirms revocation of Fiers’ probation and sentencing him to serve six months on work release for failing to meet the financial obligations of his probation.

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.

 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

ADVERTISEMENT