Opinions July 16, 2010

July 16, 2010
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7th Circuit Court of Appeals
Tom George, et al. v. National Collegiate Athletic Association
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Reverses dismissal of the plaintiffs’ entire second amendment complaint alleging the NCAA’s ticket-allocation process is an illegal lottery. Because plaintiffs sufficiently pleaded that the NCAA conducted a lottery, the bona-fide-business-transaction exception to the statutory definition of gambling is of no effect. The District Court erred in holding that the doctrine of in pari delicto bars plaintiffs from seeking relief from the court. Remanded for further proceedings. Judge Cudahy dissents.

Tamika Jones v. Res-Care, Inc. and Shane McFall
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms summary judgment for Res-Care and McFall in Jones’ suit alleging race discrimination, retaliation, and various state-law claims. Jones’ Title VII claims, with the exception of her retaliation claim, are barred, and affirms summary judgment with respect to the state claims of defamation and vicarious liability. She failed to establish a prima facie case under the direct method on her retaliation claim.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Nathaniel L. Williams v. State of Indiana
Criminal. Affirms convictions of two counts of Class A felony dealing in cocaine, one conviction of Class C felony possession of a controlled substance and Class D felony maintaining a common nuisance. Reverses and vacates one Class C felony conviction and remands for the trial court to correct its records to reflect the vacation of the conviction. The admission of the confidential informant’s statements did not violate Williams’ right to confront witnesses. Williams didn’t preserve for appellate review his claim that the trial court failed to properly admonish the jury.

Ruth M. Brown v. Alliance Environmental, Inc. v. R. Bruce Wallace (NFP)
Civil. Reverses part of order that awarded Brown compensatory damages resulting from Wallace’s breach of the fiduciary duty that he owed to Brown and in finding Brown held a 12 percent ownership interest in Alliance at the time of the asset sale in 2005. Remands for further proceedings. Affirms order in all other respects.

Aaron Spears v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor battery.

Wendy G. Thomas, as personal representative of the estate of William T. Dollard, deceased v. Carol Sparks Drake, et al. (NFP)
Civil. Grants estate’s petition for rehearing and affirms original opinion affirming summary judgment in favor of Drake.  

D.L. v. State of Indiana (NFP)
Juvenile. Affirms placement at Kokomo Academy.

Michael Shelton Scott v. State of Indiana (NFP)
Criminal. Affirms 40-year sentence for Class A felony child molesting.

Raymond Baird and George M. Cox v. State of Indiana (NFP)
Criminal. Affirms denial of Baird and Cox’s motion for review of numerous claims of error relating to the trial court’s bond schedule and conditions of bond.

Estate of Mary L. Riley and Marjorie R. Potts v. James Riley (NFP)
Estate supervised. Affirms decision in favor of James Riley’s son, trust, and grandchildren.

G.M. v. I.D.C.S. (NFP)
Juvenile. Affirms involuntary termination of parental rights.

J.M.O. v. J.C.D; J.M.O. v. D.H.M. (NFP)
Civil. Reverses denial of J.M.O.’s petitions for protective orders against her child’s father and his fiancée. Remands for further proceedings.

Aaron R. Ross v. State of Indiana (NFP)
Criminal. Affirms convictions of Class A felony dealing in cocaine, Class C felonies possession of cocaine and a firearm, and carrying a handgun without a license, and three counts of Class D felony possession of a controlled substance.

Joseph Matthews v. City of Indianapolis (NFP)
Civil tort. Reverses summary judgment for City of Indianapolis in Matthews’ complaint alleging the city negligently failed to place or replace a stop sign at an intersection and that proximately caused his injuries.

M.L. v. State of Indiana (NFP)
Juvenile. Affirms adjudication for committing what would be Class D felony possession of cocaine if committed by an adult.

Charles Orr v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to burglary as a Class B felony.

K.W. v. L.C. (NFP)
Civil. Affirms denial of K.W.’s petition to terminate guardianship.

Indiana Tax Court had posted no opinions at IL deadline.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...