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Opinions Oct. 29, 2013

October 29, 2013
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7th Circuit Court of Appeals
National Union Fire Insurance Co. of Pittsburgh, Pa. and Lexington Insurance Co. v. Mead Johnson & Co. LLC, et al.
12-3478, 13-1526
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard L. Young.
Civil. Reverses summary judgment in favor of the insurers in the lawsuit relating to the PBM Products LLC litigation against Mead Johnson for false advertising and remands for further proceedings. Affirms judgment in favor of National Union in the suit arising from the class action against Mead Johnson.

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Rel. of: S.B., Ay.B., A.B. & K.G. (Minor Children), and K.G. (Mother) v. Marion County Dept. of Child Services, Child Advocates, Inc.
49A02-1303-JT-244
Juvenile. Affirms termination of parental rights. Concludes that the termination order does not violate Indiana law because the relevant statutory section does not prohibit Magistrate Bradley to report factual findings and conclusions without having presided over the underlying evidentiary hearing. The order does not violate the mother’s due process rights because the underlying evidence was undisputed.

In the Matter of the Termination of the Parent-Child Rel. of I.P., Minor Child and His Father, T.P.: T.P. (Father) v. Child Advocates, Inc., and Indiana Dept. of Child Services

49A02-1303-JT-283
Juvenile. Affirms termination of parental rights. The magistrate judge’s recommended order terminating parental rights did not violate trial rules or father’s right to due process even though he was not the magistrate who heard the evidence but issued findings and conclusions. Judge Vaidik concurs in result.

Constantinos P. Angelopoulos v. Theodore P. Angelopoulos, Neptunia Incorporated, Transmar Corporation, Didiac Establishment, Beta Steel Corporation, and Top Gun Investment Corporation, II.
64A04-1211-PL-594
Civil plenary. Affirms order dismissing Constantino Angelopoulous’ claims that he is entitled to shares of Beta Steel as an heir under his late father’s estate that was administered in Greece. The prior rulings of the Greek courts conclusively established that brother Theodore Angelopoulos is the sole owner of the company. Reverses order declaring the materials filed in court should have automatically remained confidential and remands for further proceedings on the issue of confidentiality and public access.

Shawn Telligman v. Review Board of the Indiana Department of Workforce Development and Indiana Department of Workforce Development Unemployment Insurance Claims Adjudication

93A02-1304-EX-303
Agency action. Affirms ruling in favor of the IDWD’s claim that Telligman failed to disclose or falsified information to IDWD in order to receive unemployment benefits. The ALJ and review board did not err in finding that Telligman knowingly failed to disclose or falsified facts that would disqualify him from receiving benefits, reduce his benefits, or render him ineligible for benefits or extended benefits, and in finding him liable to repay IDWD the benefit overpayment amounts together with applicable penalties and interest. The board did not abuse its discretion in denying his request to submit additional evidence.

Jason E. Morales v. State of Indiana
82A05-1302-CR-72
Criminal. Grants rehearing to clarify that Morales did not apply for acceptance into a county forensic diversion program. Although Morales petitioned the trial court to be placed into the program and the probation department investigated whether he satisfied its criteria, this action is not the same as Morales applying directly to the program. Judge May would deny the petition for rehearing.

Gerald Clemons v. State of Indiana
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/october/10291301ebb.pdf
49A05-1210-CR-587
Criminal. Affirms conviction of Class D felony possession of cocaine entered as a Class A misdemeanor. The evidence is sufficient to support the conviction.

Michael Wayne Norred v. State of Indiana (NFP)
82A01-1303-CR-94
Criminal. Affirms conviction of Class C misdemeanor panhandling.

P.A. v. State of Indiana (NFP)
33A01-1305-JV-196
Juvenile. Affirms awarding wardship of P.A. to the Indiana Department of Correction for housing in a correctional facility for children, with the recommendation he receive mental health treatment and medication management.

Rebecca Waggoner v. Robert Waggoner (NFP)
12A02-1303-DR-231
Domestic relation. Affirms denial of mother’s motion to modify custody and the split of guardian ad litem fees. Holds mother should not pay appellate attorney fees.

Chad Malone v. State of Indiana (NFP)
89A01-1302-CR-71
Criminal. Affirms denial of request for seventh continuance just before trial and 75-year sentence for two counts of Class A felony attempted murder.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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