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Opinions July 14, 2010

July 14, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Eastern Alliance Insurance Group, Chubb Insurance Group, and Total Interior Systems America, LLC v. Elizabeth Howell

93A02-0912-EX-1287
Civil. Reverses penalties assessed against Eastern Alliance by the Full Worker’s Compensation Board due to a lack of diligence. The board’s factual findings demonstrate that Eastern Alliance reasonably investigated the claim and communicated with the parties, and afterwards it reasonably determined that it was not liable for the claim. Vacates penalties assessed against the company and remands that the board determine and enter an order regarding whether Chubb Insurance should be held responsible for the entirety of the penalty and attorneys’ fees awarded for its lack of diligence.

Paul Christy and Julia Christy v. Paul Sebo and Anita Sebo
55A05-1002-CC-131
Civil. Reverses the order denying the Christys’ request for attorney’s fees and costs against the Sebos in the Christys’ defense of an adverse possession claim and litigation of a breach of warranty claim. Summary judgment was granted in favor of the Christys and against the Sebos on whether the Sebos breached the warranty of title and the Sebos have not appealed that ruling. The fact that the Christys and the Clarks ultimately settled their adverse possession dispute is irrelevant to the question of whether Sebos breached the warranty of title. Remands for further proceedings.

Randy O'Brien, et al. v. C. Bruce Davidson, et al.
49A04-0910-CV-569
Civil. Reverses order granting summary judgment in favor of The Bar Plan Mutual Insurance Co. in Ashby and O’Brien’s legal malpractice action against The Bar Plan’s insured, C. Bruce Davidson Jr. Bar Plan has been able to investigate and defend the clients’ claims against the insured after receiving prompt, actual written notice of the claims from the clients.

Fidelity National Title Insurance Company v. Rhys Mussman and Sally Mussman
64A03-0905-CV-204
Civil. Reveres grant of summary judgment of $1.6 million in favor of the Mussmans on their complaint alleging conversion of funds held in an escrow account by Intercounty Title Company. ITC was Fidelity’s title insurance agent, not its agent for closing and escrow services, so the trial court erred when it held the Mussmans are entitled to judgment as a matter of law. Remands with instructions.

Jeannie Hall v. Larry Hall Trust and Jack Hall, Trustee (NFP)
64A05-0912-CV-715
Civil. Affirms determination that Jeannie Hall is not entitled to the income from all of the properties in the Larry A. Hall Trust.

Maurice J. Tatum v. State of Indiana (NFP)
49A02-0912-CR-1213
Criminal. Affirms order revoking probation.

John Jacob Campbell v. State of Indiana (NFP)
18A02-0912-CR-1189
Criminal. Reverses order revoking probation and remands with instructions to the trial court to accommodate Campbell’s indigence consistent with the opinion.

Michael Furlong v. State of Indiana (NFP)
49A04-0911-CR-658
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.

Marcus R. Berry v. State of Indiana (NFP)
02A03-1002-CR-109
Criminal. Affirms revocation of probation.

Johnny Byers v. State of Indiana (NFP)
71A04-0910-CR-612
Criminal. Affirms conviction of Class A felony attempted murder.

Shalini Kohli v. Vishal Mahajan (NFP)
29A02-1002-DR-131
Domestic relation. Affirms the decree dissolving marriage.

Indiana Tax Court had posted no opinions at IL deadline
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  1. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  2. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

  3. Not that having the appellate records on Odyssey won't be welcome or useful, but I would rather they first bring in the stray counties that aren't yet connected on the trial court level.

  4. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

  5. Oh yes, lifetime tenure. The Founders gave that to the federal judges .... at that time no federal district courts existed .... so we are talking the Supreme Court justices only in context ....so that they could rule against traditional marriage and for the other pet projects of the sixties generation. Right. Hmmmm, but I must admit, there is something from that time frame that seems to recommend itself in this context ..... on yes, from a document the Founders penned in 1776: " He has refused his Assent to Laws, the most wholesome and necessary for the public good."

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