ILNews

Opinions Nov. 23, 2010

November 23, 2010
Keywords
Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  2. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  3. We have a direct genuine provider for BG/SBLC specifically for lease, at leasing price of 4+2 of face value, Issuance by HSBC London/Hong Kong or any other AA rated Bank in Europe, Middle East or USA. Contact : Mr. Johnson Hatton Email:johnsonhatton@gmail.com Skype ID: johnson.hatton007 Intermediaries/Consultants/Brokers are welcome to bring their clients and are 100% protected. In complete confidence, we will work together for the benefits of all parties involved. All inquires to Mr. Johnson Hatton should include the following minimum information so I can quickly address your needs: Complete contact information: What exactly do you need? How long do you need it for? Are you a principal borrower or a broker? Contact me for more details. Johnson Hatton

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

ADVERTISEMENT