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Opinions July 13, 2011

July 13, 2011
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7th Circuit Court of Appeals
Jill Treat, et al. v. Tom Kelley Buick Pontiac GMC Inc, et al.
10-3166
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge William Lee.
Civil. Affirms summary judgment for Tom Kelley Buick and Kelley Automotive Group in the Treats’ suit under the Wage Payment Statute to recover unpaid wages. The Treats erroneously brought their claim under the Wage Payment Statute instead of the Wage Claims Statute.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Mari Miller v. Glenda Owens, et al.
52A05-1012-CP-742
Civil plenary. Affirms order finding Waterford Place was not in contempt of the court’s garnishment order only garnishing $12.17 of Fabian Calisto’s weekly disposable earnings. The trial court was not precluded from reconsidering the legal reasoning underpinning its earlier garnishment orders, Waterford’s arguments were not precluded by offensive collateral estoppel, and the trial court didn’t err in denying Mari Miller’s requests for attorney fees.

K.D., et al. v. Adrianne Chambers, R.N., et al.
49A04-1010-CT-636
Civil tort. Reverses in part and affirms in part. The trial court abused its discretion in excluding Dr. Daniel McCoy’s testimony based solely on his curriculum vitae without holding an Evidence Rule 702 hearing. The trial court did not abuse its discretion in granting the defendants’ motion in limine to exclude evidence that mother Michelle Campbell suffered negligent infliction of emotional distress because that claim was not sufficiently pleaded. The trial court correctly excluded the plaintiffs from introducing evidence of separate breaches of the standard of care not presented to the medical review panel, but because one of those claimed breaches is within the scope of their submission to the review panel, the COA reverses in part. Remands for further proceedings.

Larry Lefler v. State of Indiana (NFP)
82A04-1007-CR-479
Criminal. Affirms convictions of two counts of Class A felony child molesting and one count of Class C felony child molesting.

William Miller v. State of Indiana (NFP)
29A04-1010-CR-602
Criminal. Affirms conviction of Class A felony child molesting.

Matthew N. Williams v. State of Indiana (NFP)
65A01-1011-CR-591
Criminal. Affirms convictions of criminal recklessness as a Class C felony and Class D felony auto theft.

Term. of Parent-Child Rel. of J.P., et al.; D.P. v. IDCS (NFP)
82A04-1012-JT-807
Juvenile. Affirms involuntary termination of parental rights.

Dallas Washington v. State of Indiana (NFP)
49A02-1007-PC-801
Post conviction. Affirms denial of petition for habeas corpus.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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