ILNews

Opinions Oct. 18, 2011

October 18, 2011
Keywords
Back to TopE-mailPrintBookmark and Share

7th Circuit Court of Appeals
Bruce Barton v. Zimmer Inc.
10-2212
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Civil. Affirms summary judgment for Zimmer Inc. on Barton’s claims for discrimination and retaliation in violation of the Age Discrimination in Employment Act and for interference with his right to reinstatement under the Family Medical Leave Act. Barton’s ADEA claims fail for lack of causation and any available remedy. There is also no evidence of retaliation, and he has no claim under FMLA because when Barton returned to work after his medical leave, the company assigned him equivalent duties without regard to his medical leave.

Indiana Supreme Court
Nathan Brock v. State of Indiana
38S02-1101-CR-8
Criminal. Affirms conviction of Class C felony operating a motor vehicle after forfeiture of driving privileges for life. Although Brock did not consent to a mistrial, his second trial didn’t violate the Double Jeopardy Clause of the Fifth Amendment because the trial court did not abuse its discretion in concluding that a mistrial was justified by manifest necessity.

Jeffery W. Cain v. State of Indiana
17S00-1008-CR-684
Criminal. Affirms convictions of murder and armed robbery and Cain’s sentence of life without parole. The trial court was within its discretion to deny Cain’s motion to exclude a witness’ testimony. A statement made by the prosecutor during her closing argument was not fundamental error.

Indiana Court of Appeals
Espiridion Estudillo v. Maria E. Estudillo
91A02-1102-DR-97
Domestic relation. Affirms property division following dissolution proceedings. The trial court did not abuse its discretion in considering the husband’s interest in property he titled to his adult daughter when dividing the marital estate nor when it determined two cars were not marital property. The trial court didn’t err by determining the extensive evidence of dissipation justified an unequal distribution of the marital property.

Gregg Miller v. America's Directories Inc. and Studio A Advertising and Marketing (NFP)
71A04-1011-CT-738
Civil tort. Affirms summary judgment for America’s Directories Inc. and Studio A Advertising and Marketing on Miller’s wrongful termination claim.

Joaquin Starks v. State of Indiana (NFP)
82A01-1006-CR-266
Criminal. Affirms conviction of felony murder.

Justin A. Van Brunt v. State of Indiana (NFP)
59A01-1104-CR-177
Criminal. Reverses sentence following guilty plea to three counts of Class B felony burglary and three counts of Class D felony theft. Reduces sentence to 10 years.

Timothy Platt v. Indianapolis Public Transportation Corporation (NFP)
49A02-1105-CT-417
Civil tort. Affirms order dismissing Platt’s petition for “declaration of rights & status” regarding a contract.

Indiana Tax Court had posted no opinions at IL deadline.
 
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Been there 4 months with 1 paycheck what can i do

  2. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  3. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  4. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  5. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

ADVERTISEMENT