ILNews

Opinions July 27, 2010

July 27, 2010
Keywords
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals
Marion County Coroner’s Office v. Equal Employment Opportunity Commission and John Linehan
09-3595
Petition for review of an order of the EEOC. Upholds the EEOC determination that Coroner Ackles’ stated reason for taking action against Linehan was pretextual and that the EEOC had jurisdiction over Linehan’s retaliation claim. Reduces the compensatory damage award from $200,000 to a suggested $20,000. If the respondents do not consent to the remittitur, there will be a new hearing on the issue.

Prime Eagle Group Ltd., as assignee of the claims of Nakornthai Strip Mill Public Co. Ltd. v. Steel Dynamics Inc.
09-1663
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge James T. Moody.
Civil. Affirms judgment for Steel Dynamics in Prime Eagle’s suit that Steel Dynamics must pay damages in tort for withdrawing from a steel mill venture in Asia. Nakornthai’s injury began no later than July 1999 and the company had knowledge of the injury then, so its suit is beyond the statute of limitations.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Steven Spangler and Heidi Brown v. Barbara Bechtel, Expectations Women's Health & Child Bearing Center, et al.
49A05-0908-CV-482
Civil. Reverses summary judgment in favor of the defendants in Spangler and Brown’s suit for wrongful death and emotional distress after their child was stillborn. The parents have a valid claim for negligent infliction of emotional distress based on Brown’s direct involvement in the stillbirth. Holds that a mother who suffers a stillbirth due to medical malpractice qualifies as an injured patient and satisfies the actual victim requirement under the Medical Malpractice Act regardless of whether the malpractice resulted in injuries to the mother, the fetus, or both, and the parents may assert a claim for negligent infliction of emotional distress under Shuamber’s modified impact rule.

David A. Calvert v. State of Indiana
40A05-0911-CR-659
Criminal. Reverses conviction of Class B felony attempted robbery with a deadly weapon because the state failed to prove a substantial step. Calvert’s conviction of possession of a sawed-off shotgun as a Class D felony violates double jeopardy. Affirms convictions of Class B felony possession of a firearm as a serious violent felon. Affirms sentence and remands with instructions. Judge Kirsch dissents in part.

E.W. Revocable Trust
29A02-0910-CV-1004
Civil. Affirms order that the trustee pay the beneficiaries’ attorney fees, the reduction of the requested trustee fees, and the reduction of the amount of trustee’s attorney fees to be borne by the trust. The trustee breached duties owed to the objecting beneficiaries. Reverses order that the trustee bear the remaining portion of his attorney fees personally.

Cornelius Tyrone Lacey, Sr. v. State of Indiana
02A05-0910-CR-562
Criminal. Reverses denial of motion to suppress evidence obtained during the execution of a search warrant. There was probable cause for the issuance of the search warrant but the unilateral decision to dispense with the knock-and-announce rule was unreasonable under the Indiana Constitution. Judge Barnes concurs in result.

Damion Wilkins v. State of Indiana
02A03-0910-CR-451
Criminal. Reverses denial of motion to suppress evidence obtained during the execution of a search warrant. There was probable cause for the issuance of the search warrant but the unilateral decision to dispense with the knock-and-announce rule was unreasonable under the Indiana Constitution. Judge Barnes concurs in result.

Cedric Lewis v. State of Indiana
49A02-0908-CR-736
Criminal. Reverses conviction of Class B felony possession of a firearm by a serious violent felon. The state failed to satisfy its burden of showing that the warrantless search of the vehicle and the seizure of the gun were satisfied. Judge Kirsch concurs in result; Judge Mathias dissents.

Bradford Drake v. State of Indiana (NFP)
55A01-0912-CR-577
Criminal. Affirms sentence for two convictions of attempted murder as Class A felonies.

Term. of Parent-Child Rel. of M.D.; M.C. v. I.D.C.S. (NFP)
34A02-1001-JT-156
Juvenile. Affirms termination of parental rights.

Dionte-Daymone Jones v. State of Indiana (NFP)
45A05-1001-CR-4
Criminal. Affirms sentence following guilty plea to Class D felony auto theft.

Daniel Brownlee v. State of Indiana (NFP)
49A02-0912-CR-1259
Criminal. Affirms conviction of Class C felony burglary and Class D felony attempted theft.

James Eiteljorg, et al. v. Ralph E. Lean (NFP)
49A05-0912-CV-679
Civil. Reverses denial of Eiteljorg and Bharti’s motion for summary judgment in an action brought by Lean seeking contribution from them for violations of the Indiana Securities Law. Remands with instructions.

Daniel J. Emery v. State of Indiana (NFP)
52A04-0910-PC-583
Post conviction. Affirms denial of petition for post-conviction relief.

Associated Builders & Contractors Indiana Chapter, Inc., et al. v. Lori A. Torres (NFP)
49A02-0910-CV-995
Civil. Grants rehearing but affirms original opinion in all respects regarding the dismissal of the builders’ complaint for lack of standing.

Robert Emerson v. State of Indiana (NFP)
71A03-1001-CR-26
Criminal. Affirms conviction of Class C felony battery.

Indiana Tax Court had posted no opinions at IL deadline.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

ADVERTISEMENT