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Opinions Oct. 18, 2011

October 18, 2011
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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.
 
 

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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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