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Opinions March 22, 2012

March 22, 2012
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The Indiana Supreme Court issued the following opinion after IL deadline on Wednesday:
Loparex, LLC v. MPI Release Technologies, LLC, Gerald Kerber, and Stephen Odders
94S00-1109-CQ-546
Certified question. Answers three questions certified from U.S. Judge Jane Magnus-Stinson in the Southern District of Indiana. Holds that Wabash Railroad Co. v. Young, 162 Ind. 102, 69 N.E. 1003 (1904), is no longer good law because it precludes individuals who’ve voluntarily left employment from pursuing a claim under Indiana’s Blacklisting Statute. The justices also held that attorney fees are not an element of compensatory damages under the Blacklisting Statute and that an employer’s suit against a former employee to protect trade secrets is not a basis for recovery under the statute.

Thursday’s opinions
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.


Indiana Supreme Court
Sheila Perdue, et al. v. Michael A. Gargano, et al.
49S02-1107-PL-437
Civil plenary. Reverses in part Marion Superior Judge David Dreyer’s ruling on challenge to Indiana Family and Social Services Administration’s automated system of processing claims for Medicaid, food stamps, and temporary assistance. Holds that the FSSA’s denial notices are insufficiently explanatory but that the agency may deny an application when that person fails to cooperate in the eligibility determination process. Affirms in part the trial court’s grant of Sheila Perdue’s summary judgment motion on the grounds that she’s entitled to reasonable accommodations in applying for benefits but that does not necessarily require a caseworker or case management services.

Hunt Construction Group, Inc., and Mezzetta Construction, Inc. v. Shannon D. Garrett
49S02-1106-CT-365
Civil tort. Reverses decision by Marion Superior Judge David Shaheed in case involving the employee of a concrete subcontractor injured in the construction of Lucas Oil Stadium. Finds construction manager did not have a legal duty by contract terms or action, and holds that construction manager cannot be held liable for workplace negligence. Justice Brent Dickson dissents, believing that material issues of fact exist about the construction manager’s duty of care and summary judgment is precluded for both parties.

State Automobile Mutual Insurance Co. v. Flexdar, Inc. and RTS Realty
49S02-1104-PL-199
Civil plenary. Affirms Marion Superior Judge Michael Keele’s judgment in favor of Flexdar, holding that the language of a pollution exclusion in a general commercial liability policy is ambiguous and should be construed against State Automobile Insurance Co. and in favor of coverage. Justice Steven David concurs in result, and Justice Frank Sullivan and Chief Justice Randall Shepard dissent in a separate opinion.

Indiana Court of Appeals
New Albany Historic Preservation Commission and City of New Albany v. Bradford Realty, Inc.
22A01-1108-PL-365
Civil plenary. Affirms and reverses in part ruling by Special Judge Daniel Moore, finding that Bradford Realty was not entitled to actual notice of potential historic district designation and was required to obtain a certificate when it replaced the property’s original siding. Appellate judges reverse trial court’s grant of summary judgment for Bradford Realty and grant summary judgment to the historic preservation commission. Affirm the judge’s denial of summary judgment for Bradford Realty on inverse condemnation claim. Judge Ezra Friedlander dissents in separate opinion.

Lawane Chaney on Behalf of Himself and All Others Similarly Situated v. Clarian Health Partners, Inc.
49A05-0905-CV-263
Civil. Court issues rehearing on an order on a motion for appellate fees and costs, affirming its original holding but finding that it made two errors – that the record does not support the finding that Ron Weldy informed the trial court of the stay in his motion to compel, and that the record does not support the court’s prior statement that Weldy persisted on the theory that Clarian Health had agreed to provide discovery after the trial court vacated its motion to compel. The court found those errors are insignificant and do not change the outcome of the original order. The judges also denied Clarian’s request for additional fees and costs incurred in responding to the rehearing petition.

Donald L. Webb, III v. Sheriff Kenneth A. Murphy and Town of Brookville, Indiana; Terry Mitchum (NFP)
24A04-1104-CT-197
Civil tort. Affirms trial court’s ruling in favor of Franklin County Sheriff and Town of Brookville on claims of battery and intentional infliction of emotional distress, finding the fundamental error doctrine does not apply and the trial court did not abuse its discretion in exempting the defendants’ expert from a separation of witnesses order.

In Re: The Marriage of Lisa Mae Slayback Gillispie v. Danny Lee Gillispie (NFP)
15A01-1108-DR-364
Divorce. Affirms trial court’s division of martial property.

The Marriage of: Donald J. Shaughnessy, Jr. v. Lyn A. Shaughnessy (NFP)
06A01-1107-DR-347
Divorce. Affirms trial court’s decision to deny an order for equal division of a marital estate.

Demitrus L. Grant v. The Bank of New York (NFP)
49A02-1104-MF-485
Mortgage foreclosure. Dismisses Demitrus Grant’s appeal for lack of jurisdiction, finding that the trial court’s denial of motion to dismiss the complaint against Grant is not a final appealable order and Grant didn’t ask the trial court to certify the issue for interlocutory appeal.

Kenny Green v. State of Indiana (NFP)
49A02-1107-CR-611
Criminal. Affirms Class A felony rape and Class D felony auto theft convictions and aggregate 40-year sentence.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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