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Opinions Sept. 15, 2011

September 15, 2011
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7th Circuit Court of Appeals
Cheryl A. Burns v. Orthoteck Inc. Employees’ Pension Plan and Trust, et al.
10-1521
U.S. District Court, Northern District of Indiana, South Bend Division, Chief Judge Philip P. Simon.
Civil. Affirms finding that Cheryl Burns’ consent to designate her husband’s three sons as beneficiaries was valid and affirms the denial of her claim for benefits. The unusual circumstances of the case lead to the conclusion that the pension plan was within its discretion to find that Dr. Burns, as plan representative, verified the authenticity of his wife’s signature on the written consent form and this satisfied 29 U.S.C. 1055’s witness requirement. The plan was also within its discretion to deny Burns’ claim for benefits.

Indiana Supreme Court
Mary Beth Lucas and Perry Lucas v. U.S. Bank, N.A., as Trustee for the C-Bass Mortgage Loan Asset-Backed Certificates, Series 2006-MH-1
28S01-1102-CV-78
Civil. Affirms denial of the Lucases’ request for a jury trial on their defenses and claims in a foreclosure action. The borrowers’ claims and defenses shall be tried in equity because the core legal questions presented by the borrowers’ defenses and claims are significantly intertwined with the subject matter of the foreclosure. Justices Dickson and Rucker dissent.

Indiana Court of Appeals
Frederick R. Lucas v. Darrin McDonald
63A04-1010-PL-644
Civil plenary. Affirms denial of verified petition for relief from lifetime sex-offender registration requirement. Lucas did not meet his burden of proving that the trial court’s decision is against the logic and effect of all the facts and circumstances of his case.

Board of Works of the City of Lake Station, Indiana, et al. v. I.A.E., Inc., Consulting Engineers
45A03-1007-CP-369
Civil plenary. Affirms jury verdict and the trial court’s rulings in favor of I.A.E. Consulting Engineering in its suit seeking payment from Lake Station on money owed for work completed. There is sufficient evidence to support the conclusion that I.A.E. didn’t make a business decision in 1994 to quit working on the project.  Remands with instructions for the trial court to recalculate the prejudgment interest award, using simple interest from the date of I.A.E.’s demand.

City of Jeffersonville, Indiana and City of Jeffersonville Sanitary Sewer Board v. Environmental Management Corporation
10A01-1005-PL-217
Civil plenary. Affirms in part and reverses in part regarding EMC’s complaint stemming from Jeffersonville’s attempt to take over the sewer system. The city did not provide sufficient notice to EMC 90 days before terminating the contract. Reverses summary judgment for EMC on its Open Door claims because EMC should have known that the letters in question were not authorized at a public meeting. Affirms the finding that the city is in contempt of the agreed entry. Remands with instructions to modify the award of attorney fees to reflect only the amount EMC incurred in relation to its contempt complaint and the award of costs to only reflect EMC’s filing fees and statutory witness fees. Affirms reducing EMC’s corporate support expenses from its losses during the calculation of EMC’s damages.

National Wine & Spirits, Inc., National Wine & Spirits Corporation, NWS Michigan, Inc., and NWS, LLC v. Ernst & Young, LLP
49A02-1012-CT-1289
Civil tort. Reverses grant of Ernst & Young’s second motion for summary judgment on National Wine and Spirits’ action for fraud and deception. The successive motion was proper, but there are genuine issues of material fact and res judicata doesn’t bar National Wine and Spirits’ claims.

Kathryn M. Richardson v. Todd E. Richardson (NFP)
49A05-1101-DR-28
Domestic relation. Affirms grant of Todd Richardson’s post-dissolution petition to enforce a settlement agreement and the denial of Kathryn Richardson’s motion to correct error.

Linzy C. Motton v. State of Indiana (NFP)
79A02-1012-CR-1440
Criminal. Affirms conviction of Class D felony theft.

Term. of Parent-Child Rel. of N.S. and A.S.; A.L. v. IDCS (NFP)
49A02-1102-JT-206
Juvenile. Affirms termination of parental rights.

Cordaro Clark v. State of Indiana (NFP)
34A02-1012-CR-1410
Criminal. Affirms conviction of and sentence for dealing in cocaine as a Class B felony.

Every Meadows LLC v. McKnight Excavating Inc., and Chad McKnight (NFP)
30A01-1012-PL-650
Civil plenary. Affirms denial of Every Meadows’ motion to correct error.

Addison Pijnapples v. State of Indiana (NFP)
38A05-1008-CR-510
Criminal. Affirms conviction of felony murder.

Term. of Parent-Child Rel. of K.T.; K.K.T. v. IDCS (NFP)
71A02-1103-JT-313
Juvenile. Affirms termination of parental rights.

Ronnie Harness v. State of Indiana (NFP)
82A04-1012-CR-770
Criminal. Affirms convictions of and sentences for Class A felony and Class C felony child molesting.

Brent Turner v. Jody (Turner) Bruce (NFP)
30A01-1102-DR-61
Domestic relation. Reverses order finding Brent Turner’s son partially emancipated. Affirms holding Turner in contempt for nonpayment of child support, and that he pay attorney fees to Jody Turner Bruce.

Torrien Jefferson v. State of Indiana (NFP)
49A02-1012-CR-1300
Criminal. Affirms conviction of Class D felony possession of cocaine.

Michael J. Stohler v. Mary Anne Stohler (NFP)
48A04-1101-DR-51
Domestic relation. Affirms determination of Michael Stohler’s income and the apportioning of daughter’s educational expenses. Reverses the apportioning liability for son’s college expenses and educational tax credits received by Mary Anne Stohler. Remands with instructions.  

Timothy L. Hahn v. State of Indiana (NFP)

18A04-1103-PC-176
Post conviction. Reverses summary dismissal of petition for post-conviction relief.

Mitchell Lynn v. Janet S. Greer and James L. Greer (NFP)
45A05-1102-PL-83
Civil plenary. Affirms grant of the Greers’ motion for judgment on the evidence.

Term. of Parent-Child Rel. of A.M. and M.M.; T.H. & A.A.M., Sr. v. IDCS (NFP)
02A03-1101-JT-67
Juvenile. Affirms termination of parental rights.

Adrian F. Cole v. State of Indiana (NFP)
49A02-1103-PC-348
Post conviction. Affirms denial of petition for post-conviction relief.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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