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Opinions Oct. 7, 2013

October 7, 2013
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Opinions, Oct. 7, 2013

Indiana Court of Appeals

The Estate of Richard A. Mayer, and Spangler, Jennings & Dougherty v. Lax, Inc., and David Lasco
37A03-1207-PL-323
Civil plenary. Affirms in part, reverses in part and remands. Reverses denial of summary judgment to the Estate and Spangler Jennings on claims for negligent supervision and/or retention, tortious interference with a business relationship, and tortious interference with a contract, and directs that summary judgment be entered in the estate’s and Spangler Jennings’s favor on those claims. Reverses denial of summary judgment to Spangler Jennings on the defamation claim and directs that summary judgment be entered in its favor on that claim. Reverses the denial of summary judgment to the estate regarding Lax and Lasco’s seeking punitive damages against it and direct that summary judgment be entered in favor of the estate on that claim. Affirms the granting of summary judgment in the estate’s favor on the defamation and malicious prosecution claims. Affirms denial of summary judgment on the malicious prosecution claim against Spangler Jennings and the denial of summary judgment on the abuse of process claim to both the estate and Spangler Jennings. Affirms the denial of summary judgment in favor of Spangler Jennings on punitive damages.

Dorian Gray Jackson v. State of Indiana

20A05-1210-CR-572
Criminal. Affirms convictions for possession of a narcotic with intent to deliver as a Class A felony, two counts of dealing in a narcotic drug as Class B felonies and possession of marijuana as a Class A misdemeanor. Finds intervening circumstances –
rather than the GPS device police had attached to the suspect’s car without a warrant – led to the traffic stop and discovery of the illegal drugs. Concludes the circumstances were sufficient to remove any taint from any police illegality.

Daniel B. Buffkin v. Glacier Group
79A02-1302-PL-141
Civil plenary. Reverses trial court grant of temporary injunction to enforce terms of an employment non-competition clause, holding that the activities prohibited and the geographic restraints Glacier Group sought to place on terminated contractor Daniel Buffkin were unreasonable, rendering that part of the agreement unenforceable. Remands for further proceedings.

Marie Castner v. State of Indiana (NFP)
49A05-1302-CR-44
Criminal. Affirms conviction for Class A misdemeanor battery.

In the Matter of the Civil Commitment of S.I. v. Midtown CMHC (NFP)
49A05-1304-MH-146
Mental Health. Affirms order for temporary commitment.

Michael Morrisey v. State of Indiana (NFP)
49A04-1304-CR-146
Criminal. Affirms revocation of Morrisey’s community corrections placement.
 
Robert Walke and Karen Walke v. Kitley Law Office, P.C., (NFP)
49A02-1304-CT-291
Civil Tort. Affirms granting summary judgment in favor of Kitley.

Gordon B. Dempsey v. JPMorgan Chase Bank, N.A. (NFP)
49A02-1303-PL-218
Civil Plenary. Affirms Chase’s motion for summary judgment. Reverses the award of $141,545.21 in attorney’s fees and costs, and remands for further proceedings to ensure the court’s award does not improperly overlap with the award of attorney’s fees in federal court.  

In Re: The Paternity of J.K., A.K. v. T.L. (NFP)
02A03-1301-JP-12
Juvenile Paternity. Affirms denial of Father’s (A.K.) petition to modify custody of his daughter (J.K.).  

In Re The Paternity of I.B., K.H. v. I.B. b/n/f L.B. (NFP)
34A02-1305-JP-401
Juvenile Paternity. Affirms order that, among other things, directed father (K.H.) to pay child support and $1,200 of the mother’s (L.B.) attorney fees.

The Indiana Supreme Court and the Indiana Tax Court did not release opinions by IL deadline. The 7th Circuit Court of Appeals did not release Indiana opinions by IL deadline.
 

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  1. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

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  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

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