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
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

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
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)
Criminal. Affirms conviction for Class A misdemeanor battery.

In the Matter of the Civil Commitment of S.I. v. Midtown CMHC (NFP)
Mental Health. Affirms order for temporary commitment.

Michael Morrisey v. State of Indiana (NFP)
Criminal. Affirms revocation of Morrisey’s community corrections placement.
Robert Walke and Karen Walke v. Kitley Law Office, P.C., (NFP)
Civil Tort. Affirms granting summary judgment in favor of Kitley.

Gordon B. Dempsey v. JPMorgan Chase Bank, N.A. (NFP)
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)
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)
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. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.