ILNews

Opinions Oct. 11, 2013

October 11, 2013
Keywords
Back to TopE-mailPrintBookmark and Share

The following 7th Circuit Court of Appeals decision was posted after IL deadline Thursday:
John W. Mullin II v. Temco Machinery Inc.
13-1338
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Reverses summary judgment for Temco on Mullin’s lawsuit alleging he was fired because of his age. A reasonable jury could conclude that Temco fired Mullin because of his age. Mullin has put forth ample circumstantial evidence, including examples of suspicious timing and ambiguous statements. Moreover, each of Temco’s alleged reasons for firing Mullin is either genuinely contested, seemingly inaccurate, or both.

Indiana Court of Appeals
Medtronic, Inc., v. Lori A. Malander, Individually and as Personal Representative of the Estate of David M. Malander, Sr., Deceased and Kathleen Malander
49A02-1211-CT-925
Civil tort. Affirms denial of Medtronic’s motion for summary judgment in an action against it by Lori Malander, individually and as the personal representative of the Estate of David Malander, deceased, and Kathleen Malander. The Medical Device Amendments to the Federal Food, Drug, and Cosmetics Act does not preempt the claim against Medtronic and genuine issues of material fact exist regarding whether Medtronic assumed a duty to David Malander.

Matthew Fiandt v. State of Indiana
32A01-1211-CR-496
Criminal. Affirms convictions of two counts of Class A misdemeanor intimidation and one count of Class B misdemeanor harassment. Fiandt failed to make a timely demand for a trial by jury as required by Criminal Rule 22, and, therefore, he was not entitled to have one. Judge Najam dissents.

Robert Corbin v. State of Indiana
75A03-1209-CR-402
Criminal. Reverses denial of Corbin’s request for dismissal of two counts of attempted child seduction. Corbin did not take the substantial steps required to amount to attempted child seduction. In addition, the second count does not even charge a crime under Indiana law.

In the Matter of Mental Health Actions for A.S., Sara Townsend
10A01-1211-MH-501
Mental health. Rules the trial court erred in finding Townsend to be in indirect civil contempt of court because the deceptive actions upon which the ruling was based were undertaken in the absence of a court order and thus cannot be regarded as an act of disobedience. The actions that caused the trial court to issue its order for rule to show cause form the basis for a charge of criminal contempt, not civil contempt. Leaves it for the state to decide whether to file such charges upon remand. Affirms the order directing Townsend to pay A.S’s uninsured medical expenses and $1,000 toward her attorney fees, as well as to pay $500 to Wellstone, because such was a legitimate exercise of the court’s inherent power to impose sanctions.

Frank D. Dinius v. State of Indiana (NFP)
02A03-1301-CR-29
Criminal. Affirms convictions and sentence for Class D felonies confinement and domestic battery and Class A misdemeanor interference with reporting of a crime.

Bryan D. Lewis v. State of Indiana (NFP)
34A02-1212-CR-973
Criminal. Affirms convictions of Class B felony possession of cocaine and Class A misdemeanor resisting law enforcement.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  4. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

ADVERTISEMENT