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Opinions June 22, 2010

June 22, 2010
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The following opinion was posted Monday after IL deadline.
7th Circuit Court of Appeals

Medical Assurance Co., Inc. v. Amy Hellman, et al.
08-2887
U. S. District Court, Northern District of Indiana, Hammond Division, Judge Allen Sharp.
Civil. Medical Assurance appealed the District Court’s stay on the company’s declaratory judgment action. The company asked the court to declare that Dr. Mark Weinberger breached his contract obligations when he disappeared while on vacation and hasn’t been participating in his defense in more than 350 medical malpractice claims. As an insurer, it must show that the breach resulted in actual prejudice by showing that the outcome of the underlying case would have been altered by the insured’s cooperation. The District Court had noted it would be impossible for Medical Assurance to show actual prejudice without interfering with the state court processes, but the Circuit Court disagrees. The Circuit Court wrote that summary judgment is a good tool to examine not only whether Medical Assurance can succeed as a matter of law but also whether this case is a suitable candidate for declaratory relief by allowing the company to go forward with its challenge to its duty to defend. Vacates and remands the case for further proceedings.

Today’s opinions
7th Circuit Court of Appeals

United States of America v. Vertran Wheaton
09-3171
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Criminal. Dismisses appeal of 36-month sentence for violating terms of supervised release. Wheaton admitted having violated the terms, and his counsel filed an Anders brief. The court notes Wheaton didn’t ask to withdraw his admissions but objects only to the sentence and not the revocation of supervised released based on his admissions. Using United States v. Knox, 287 F.3d 667, 670-72 (7th Cir. 2002), the court holds the challenge cannot stand. Grants counsel’s motion to withdraw.

Indiana Supreme Court
In the Matter of Mandate of Funds; St. Joseph County Commissioners and St. Joseph County Council v. The Hon. Peter J. Nemeth and the St. Joseph Probate Court
71S00-0912-MF-569
Civil. On automatic review pursuant to Trial Rule 60.5(B) and Appellate Rule 61, this is the first case utilizing the 2009 amended procedures of T.R. 60.5. Reverses the dismissal of Mandate 1 directing that the commissioners “shall not sell, assign, or otherwise transfer any interest in the land without the court’s consent” and remands it for trial. Affirms in part and reverses in part Mandate 2 about renovations to the Juvenile Justice Center and Mandate 3 regarding raises in salaries. Affirms the award of attorney fees and remands for a determination and award of the court’s appellate attorney fees. Chief Justice Shepard and Justice Rucker concur with author Justice Sullivan. Justice Dickson concurs in part and dissents in part with a separate opinion, with which Justice Boehm concurs.
 
Indiana Court of Appeals
Adam Starr v. State of Indiana
49A04-0912-CR-677
Criminal. Reverses conviction of refusal to identify self, a Class C misdemeanor because Starr did not fall within the purview of the refusal to identify statute.

Indiana Tax Court had posted no opinions and IL deadline.
 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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