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Opinions Nov. 23, 2010

November 23, 2010
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7th Circuit Court of Appeals
Nightingale Home Healthcare, Inc. v. Anodyne Therapy, LLC
10-2327
U.S. District Court for the Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker
Civil. Affirms the judgment of the District Court that granted Anodyne’s request for an award of attorneys’ fees in the amount of $72,747. The award was based on 15 U.S.C. § 1117(a), which allows attorneys’ fees to be awarded to prevailing parties in Lanham Act suits, but only in “exceptional cases.” Nightingale contended no award of attorneys’ fees was justified because the case was not “exceptional.” Also grants Anodyne’s motion for fees and costs pursuant to Rule 38 of the appellate rules. Dismisses as moot Anodyne’s motion to strike Nightingale’s brief and appendix.

June Kimmel v. Western Reserve Life Assurance Company of Ohio
10-1336
U.S. District Court for the Northern District of Indiana, Hammond Division, Magistrate Judge Paul R. Cherry
Civil. Affirms District Court’s grant of summary judgment to Western Reserve Life Assurance Company of Ohio. The insurance company had neither accepted nor denied the life insurance application of June Kimmel’s late husband, Richard Kimmel, within a 60-day timeframe. Richard died in an automobile accident six weeks after the end of that 60-day period. The 7th Circuit concludes that  "although Western Reserve deserves criticism for its handling of Richard’s application for life insurance, its behavior is not actionable under Indiana tort law” because ”the relationship between an insured and an insurer is different enough from the relationship between an applicant and a prospective insurer.”

Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals
 
Deidre Carter v. Grace Whitney Properties
82A04-1003-SC-177
Civil. Reverses and remands findings of small claims court. Concludes Vanderburgh County Local Rules 1.23(C) and 1.05(E), as applied here, violate Article 1, Section 22 of the Indiana Constitution because they contemplate the use of contempt to enforce an obligation to pay money even where, as here, the debt does not involve child support or fraud.
 
Larry Cox v. State of Indiana
79A04-0912-CR-741
Criminal. Reverses and remands Cox’s convictions of 10 counts of Class A felony child molesting and five counts of Class C felony child molesting. Concludes the trial court improperly permitted the state to introduce a videotaped statement in lieu of live direct examination, and that that error was not harmless.

Gregory Owens v. State of Indiana
29A02-1002-CR-390
Criminal. Affirms Owens’ conviction of child molesting. Concludes the state did not infringe upon his Fifth Amendment privilege against self-incrimination by introducing evidence that he did not contact police. Also finds the prosecutor’s comment in closing argument was improper but did not rise to the level of fundamental error requiring reversal.
 
Erik E. Neal, Jr. v. State of Indiana (NFP)

71A03-1003-CR-214
Criminal. Affirms conviction of and sentence for felony murder.
 
Steven Thrash v. State of Indiana (NFP)
49A02-1005-CR-483
Criminal. Affirms conviction of aggravated battery, a Class B felony. Revises 10-year sentence to eight years with six years executed and two years suspended.

Tara K. Mateyko v. State of Indiana (NFP)
29A02-1002-CR-226
Criminal. Affirms conviction of theft, a Class D felony.
 
Kyle Sheets v. Kandie Sheets (NFP)
48A02-1004-DR-419
Civil. Affirms trial court’s grant of mother’s request for permission to move with the parties’ children to Oklahoma.

Indiana Tax Court posted no opinions before IL deadline.
 

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  1. Oh yes, lifetime tenure. The Founders gave that to the federal judges .... at that time no federal district courts existed .... so we are talking the Supreme Court justices only in context ....so that they could rule against traditional marriage and for the other pet projects of the sixties generation. Right. Hmmmm, but I must admit, there is something from that time frame that seems to recommend itself in this context ..... on yes, from a document the Founders penned in 1776: " He has refused his Assent to Laws, the most wholesome and necessary for the public good."

  2. Payday loans take advantage of people in many ways. It's great to hear that the courts are using some of their sins to pay money back to the community. Hopefully this will help change the culture of many loan companies, and make lending a much safer endeavor for those in need. http://lawsuitlendingnow.com/lawsuit-loans-post-settlement.html

  3. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  4. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  5. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

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