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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 husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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