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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. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  2. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  3. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  4. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

  5. Finally, an official that realizes that reducing the risks involved in the indulgence in illicit drug use is a great way to INCREASE the problem. What's next for these idiot 'proponents' of needle exchange programs? Give drunk drivers booze? Give grossly obese people coupons for free junk food?

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