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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. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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