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Opinions March 19, 2013

March 19, 2013
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7th Circuit Court of Appeals
Frontier Insurance Company v. J. Roe Hitchcock, Timothy S. Durham and Terry G. Whitesell
11-3510
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Affirms order the guarantors Hitchcock, Durham and Whitesell deposit with the clerk more than $1.5 million regarding a surety bond issued by Frontier Insurance. The guarantors must keep their promise to post collateral on Frontier’s demand.

Indiana Court of Appeals
Judy Chang v. Purdue University, The Trustees of Purdue University; Dr. France A. Cordova, President of Purdue University (in her official capacity); et al.
02A03-1206-PL-272
Civil plenary. Affirms denial of Chang’s motion for summary judgment and her motion for directed verdict after she was dismissed from the nursing program, as well as the grant of summary judgment for Purdue University and other defendants on certain charges and the jury verdict against Chang.  She failed to designate evidence that the nursing department’s decision to dismiss her was arbitrary, capricious or made in bad faith, and the evidence sufficiently supported the jury’s verdict against her regarding the breach of contract claims.

Derek F. Williams v. State of Indiana (NFP)
14A01-1205-CR-201
Criminal. Affirms murder conviction and sentence.

Alyse McGlaughlin and Connie Kleiner v. Jennifer M. McGlaughlin, State Farm Mutual Automobile Ins. Co., and Roger McGlaughlin (NFP)
49A02-1208-PL-677
Civil plenary. Affirms denial of a motion to correct error following the grant of summary judgment in favor of State Farm after the court reasoned that State Farm was entitled to complete set-off of any payment it would have owed to the appellants under the uninsured motorist endorsement they had purchased from State Farm because Alyse McGlaughlin settled with a third-party’s insurer for an amount equal to the UM endorsement’s policy limits.

First Financial Bank, National Assn., Hamilton, Ohio, as Successor in Interest to Federal Deposit Ins. Corp., Receiver of Irwin Union Bank and Trust Co. v. Fred L. Paris and Michelle S. Paris (NFP)
41A05-1209-MF-474
Mortgage foreclosure. Reverses order denying First Financial’s motion for summary judgment on its claims against the Parises and remands for further proceedings.

Jeremy L. Musall v. State of Indiana (NFP)
61A01-1208-CR-371
Criminal. Affirms sentence for murder, felony murder, two counts of Class A felonies burglary and rape, and one count of Class A felony kidnapping.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.

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  1. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  2. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  3. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  4. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  5. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

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