ILNews

Opinions Dec. 3, 2010

December 3, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Marion County Auditor & McCord Investments v. Sawmill Creek
49A02-0912-CV-1192
Civil. Affirms order granting motion filed by Sawmill Creek to set aside a tax deed the auditor issued to McCord Investments. Follows the holding of the U.S. Supreme Court in Jones to agree with the trial court that the owner of the lot, Sawmill Creek, wasn’t provided constitutionally adequate notice of the tax sale.

Sheila Perdue, et al. v. Anne W. Murphy, et al.
49A02-1003-PL-250
Civil plenary. Reverses summary judgment in favor of the Family and Social Services Administration on the ruling that in general FSSA procedures regarding an adverse action notice satisfied procedural due process requirements. The recipients had due process rights, at a minimum including the right to notice and an opportunity to be heard, but were routinely given non-specific notice of adverse decisions, hampering their right to be heard on appeal. Affirms declaratory judgment and injunction against the FSSA for violating federal law governing Supplemental Nutrition Assistance Program and utilizing a “failure to cooperate” standard as opposed to “refusal to cooperate” standard, and had violated Perdue’s rights under the Americans with Disabilities Act and Rehabilitation Act.  

Michael Gray v. D & G, Inc.
29A04-1002-CT-113
Civil tort. Reverses summary judgment for D&G in Gray’s negligence action against Sandstone Bar & Grill. The trial court erred in ruling that Gray could not recover from Sandstone because of his voluntary intoxication. Remands for further proceedings.

Carlton J. Harwood v. State of Indiana (NFP)
57A03-1005-CR-263
Criminal. Affirms conviction of Class A felony dealing in methamphetamine.

T.P. v. Review Board of the Ind. Dept. of Workforce Development and Central Indiana Cooling & Heating (NFP)
93A02-1003-EX-297
Civil. Affirms that T.P. was ineligible for unemployment benefits because he was discharged for just cause.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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