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Opinions Nov. 22, 2010

November 22, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Levie S. Jackson v. State of Indiana
79A02-0912-CR-1230
Criminal. Affirms convictions of seven counts of Class C felony forgery, six counts of Class D felony theft, and finding Jackson is a habitual offender The trial court did not err in denying Jackson’s motion to sever. Because he did not present any explanation of how he was prejudiced by the timing of the additional charge, the trial court declined to reverse the habitual offender enhancement.

State Automobile Mutual Insurance Co. v. Flexdar, Inc. and RTS Realty
49A02-1002-PL-111
Civil plenary. Affirms summary judgment in favor of Flexdar in State Automobile Mutual Insurance Co.’s action seeking declaration that it owed no coverage for environmental cleanup costs. State Auto’s pollution exclusion is ambiguous and unenforceable, so it did not preclude coverage. Concludes that Indiana Evidence Rule 407 may bar evidence of subsequent policy revisions offered to resolve ambiguity in an executed insurance contract.

Judith C. Lombardi v. Robert R. Van Deusen
10A01-0910-CV-491
Civil. Reverses order finding the Illinois proceedings to be void and the reinstatement of Van Deusen’s original support obligation retroactive to the original order. The jurisdiction has never been re-established by Indiana. Also orders a new judicial officer be assigned to this matter.

TacCo Falcon Point v. Atlantic Limited, et al.
49A04-1003-CP-202
Civil plenary. Affirms order granting the motion to deem judgment satisfied filed by Atlantic Limited Partnership XII, Atlantic XIII, and David M. Clapper. The trial court didn’t err when it granted the Clapper parties’ motion because the issues hadn’t been previously decided by other courts and weren’t barred by the doctrine of res judicata. The trial court did not abuse its discretion when it found that the judgment at issue had been satisfied because when TacCo purchased the judgment, it was acting as a strawman for American Realty Trust.

Boost Up Wireless Solutions v. Brightpoint North America (NFP)
49A04-1007-CC-461
Civil collections. Affirms order denying Boost Up’s motion to set aside the default judgment entered in favor of Brightpoint on Brightpoint’s breach of contract complaint against Boost Up.

William Delk, et al. v. Reid Hospital and Health Care Servs., et al. (NFP)
89A04-1003-CT-208
Civil tort. Affirms summary judgment in favor of Reid Hospital, Indiana University School of Nursing, and the Trustees of Indiana University in the Delks’ complaint alleging medical malpractice.

Uma D. Chaluvadi v. City of Indianapolis (NFP)
49A02-1003-OV-230
Local ordinance violation. Dismisses Chaluvadi’s appeal of a default judgment regarding traffic tickets.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted one transfer and denied 7 for the week ending Nov. 19.
 
 
 

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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