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Opinions May 9, 2014

May 9, 2014
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7th Circuit Court of Appeals
Advanced Tactical Ordnance Systems Inc. v. Real Action Paintball Inc. and K.T. Tran
13-3005
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Joseph S. Van Bokkelen.
Civil. Reverses finding that the court has personal jurisdiction and that Advanced Technical was entitled to a preliminary injunction. Remands with directions to dismiss for lack of personal jurisdiction. There is no evidence that defendant Real Action has the necessary minimum contacts with Indiana to support specific jurisdiction.

Indiana Court of Appeals
Dan Weaver v. George Niederkorn
49A05-1309-CT-448
Civil tort. Affirms denial of Weaver’s motion to set aside a default judgment entered against him in favor of Niederkorn. Weaver has not established reversible error.

Carroll Creek Development Company, Inc. v. Town of Huntertown, Indiana
02A03-1307-PL-282
Civil plenary. Reverses partial summary judgment to the town on one part of Carroll Creek’s breach of contract claim. The trial court erroneously interpreted the contract as a matter of law. Remands for further proceedings.

Guadalupe Puente v. Beneficial Mortgage Co. of Indiana, PNC Bank, Fidelity National Title Insurance Co., and Meridian Title Corp.
45A03-1304-PL-159
Civil plenary. Affirms summary judgment for Fidelity on the issue of whether it is entitled to subrogation of Puente’s liability claims. The contract allows Fidelity to stand in the shoes of its insured with respect to Puente’s potential causes of action.

James Cody Ertel v. State of Indiana (NFP)
15A05-1307-CR-372
Criminal. Affirms 12-year sentence for Class B felony child molesting.

Brian S. Moore v. Kristy L. Moore (NFP)
49A04-1308-DR-401
Domestic relation. Affirms modification of parenting time and legal custody, reverses income imputed to father for child support purposes in the amount of $50,000 a year and remands for further proceedings.

George H. Glawson v. State of Indiana (NFP)
05A05-1309-CR-478
Criminal. Affirms conviction and sentence for Class D felony failure to return to lawful detention.

In Re: The Visitation of H.B., A.B. v. T.S. and A.S. (NFP)
87A01-1309-MI-415
Miscellaneous. Remands to the trial court for new findings and conclusions without hearing new evidence as the findings and conclusions by the trial court regarding relevant factors are incomplete.

Robert Campbell v. State of Indiana (NFP)
89A04-1309-CR-490
Criminal. Affirms finding that Campbell was in contempt of court but remands for the trial court to impose a sentence not exceeding six months. Affirms decisions forbidding the application of good-time credit in these circumstances.

In re the Adoption of M.D.: S.D. (Father) v. S.F. (Mother), and D.M. (Adoptive Parent) (NFP)
71A03-1309-JP-363
Juvenile. Affirms grant of stepfather’s petition to adopt M.D.

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

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  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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