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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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  1. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  2. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  3. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

  4. My dear Smith, I was beginning to fear, from your absense, that some Obrien of the Nanny State had you in Room 101. So glad to see you back and speaking truth to power, old chum.

  5. here is one from Reason magazine. these are not my words, but they are legitimate concerns. http://reason.com/blog/2010/03/03/fearmongering-at-the-splc quote: "The Southern Poverty Law Center, which would paint a box of Wheaties as an extremist threat if it thought that would help it raise funds, has issued a new "intelligence report" announcing that "an astonishing 363 new Patriot groups appeared in 2009, with the totals going from 149 groups (including 42 militias) to 512 (127 of them militias) -- a 244% jump." To illustrate how dangerous these groups are, the Center cites some recent arrests of right-wing figures for planning or carrying out violent attacks. But it doesn't demonstrate that any of the arrestees were a part of the Patriot milieu, and indeed it includes some cases involving racist skinheads, who are another movement entirely. As far as the SPLC is concerned, though, skinheads and Birchers and Glenn Beck fans are all tied together in one big ball of scary. The group delights in finding tenuous ties between the tendencies it tracks, then describing its discoveries in as ominous a tone as possible." --- I wonder if all the republicans that belong to the ISBA would like to know who and why this outfit was called upon to receive such accolades. I remember when they were off calling Trent Lott a bigot too. Preposterous that this man was brought to an overwhelmingly republican state to speak. This is a nakedly partisan institution and it was a seriously bad choice.

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