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Opinions Feb. 16, 2011

February 16, 2011
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7th Circuit Court of Appeals
Jeff Whitely, et al. v. Anthony Moravec, et al.
09-3302
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge David F. Hamilton.
Civil. Plaintiffs sued an Indiana company incorporated in New York to satisfy the penalty claims after the Indiana company entered into bankruptcy and was late paying wages and fringe benefits. Affirms the District Court correctly concluded that New York Bus. Corp. L. Section 630(a) doesn’t make defendants liable for a penalty under Indiana law.

Indiana Supreme Court
Jeffrey Tharp v. State of Indiana
49S02-1005-CR-256
Criminal. Reverses Tharp’s conviction of invasion of privacy. The evidence is insufficient that he received adequate notice of the protective order.

Richard Joslyn v. State of Indiana
49S04-1102-CR-85
Criminal. Affirms Joslyn’s convictions of stalking and invasion of privacy. The minor defect in the service of a protective order was cured by Joslyn’s statements to police and his testimony at trial that he found the protective order at his residence.

Indiana Court of Appeals
James M. Thompson, D.O. v. Amy Gerowitz, et al.
49A05-1005-CT-296
Civil tort. Affirms the trial court properly denied Dr. Thompson’s motion for judgment on the evidence on the issue of causation. Thompson waived his argument regarding judgment on the evidence on the issue of informed consent because he raised it for the first time on appeal. Orders a new trial based on the allegations of juror misconduct and bias.

Don J. Herrington Jr. v. State of Indiana (NFP)
34A02-1008-CR-924
Criminal. Affirms sentence following guilty plea to Class D felony intimidation.

Keith Hopkins v. State of Indiana (NFP)
02A05-1007-CR-426
Criminal. Affirms sentence following guilty plea to Class B felony possession of a firearm by a serious violent felon and Class A misdemeanor invasion of privacy.

D'Wan Maxwell v. State of Indiana (NFP)
49A02-1006-CR-622
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.

SS Enterprise v. La Joya Apartment, Inc. (NFP)
49A02-1005-CC-592
Civil collections. Affirms dismissal with prejudice of SS Enterprise’s complaint against La Joya Apartment.

Barbara L. Earle v. State of Indiana (NFP)
26A01-1005-CR-250
Criminal. Affirms conviction of and sentence for murder.

Joey Addison v. State of Indiana (NFP)
49A05-1006-CR-354
Criminal. Affirms conviction of felony murder.

Emily R. Meyer v. State of Indiana (NFP)
35A05-1007-CR-425
Criminal. Affirms sentence following guilty plea to Class A felony conspiracy to commit murder.

Timothy Allen Anderson v. State of Indiana (NFP)
48A05-1007-CR-436
Criminal. Affirms revocation of probation.

Tony Lee Parish v. State of Indiana (NFP)
20A05-1006-CR-398
Criminal. Affirms conviction of Class B felony burglary and sentences for that conviction, Class B felony conspiracy to commit robbery, and Class B felony robbery.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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