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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. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  2. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  3. It's a capital offense...one for you Latin scholars..

  4. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

  5. The promise of "Not to Tell" is the biggest lie ever given to a Birth Mother. THERE WERE NEVER ANY PROMISES GIVEN TO ANY OF US. One of the lies used to entice us to give up our Babies. There were many tactics used to try to convince us that it was best for Mother and Baby to cut the cord at birth. They have no idea of the pain and heartache that was caused by their attitude. The only thing that mattered was how great and wonderful they appeared to the prospective parents and their community. I completed my search, but that didn't stop the pain, heartbreak and the tears of the last 62 Years. I keep track and do know that he is alive, well educated and a musician. That little knowledge in itself is a Godsend to me. I pray that other Mothers also know that much and more to help heal their pain and open wounds. open wounds.

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