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Opinions Sept. 7, 2010

September 7, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
David Hatter, et al. v. Pierce Manufacturing, Inc.
49A02-0907-CV-659
Civil. Affirms jury trial and verdict in favor of Pierce Manufacturing in the Hatters’ product liability action. Hatter failed to exhaust one of his peremptory challenges and has not shown both of his challenges for cause were improperly denied. The trial court did not abuse its discretion in the giving of jury instructions or in excluding evidence and did not err by denying Hatter’s partial motion for judgment on the evidence.

Rod L. Avery and Marshall K. Avery v. Trina R. Avery
49A05-1004-PL-320
Civil plenary. Affirms default judgment entered against Rod and Marshall Avery in a will contest initiated by Trina Avery. Holds that a will contest is a civil action and that a defendant in a will contest is required to file an answer or otherwise plead to a complaint as provided in the trial rules.

Jeff Koehlinger, et al. v. State Lottery Commission of Indiana
49A02-1003-CT-247
Civil tort. Affirms denial of summary judgment to the lottery on its claim that appellants had failed to exhaust their administrative remedies. Affirms summary judgment for the lottery on the appellants’ tort, Deceptive Consumer Sales Act, and quasi-contractual claims. Reverses summary judgment on the contract rescission claim and remands for trial on the issue of detrimental reliance. Judge Riley dissents in part.

Larry Rodts v. Heart City Automotive, Inc.
20A04-1004-CT-249
Civil tort. Affirms summary judgment for Heart City in Rodt’s breach of contract and wage payment claims. There are no genuine issues of material fact, Rodts’ oral contract is unenforceable, and his deferred compensation was not a wage.

Gregory Johnson v. State of Indiana
49A02-1003-CR-375
Criminal. Affirms conviction of Class C misdemeanor refusal to identify self. The state presented sufficient evidence to support the conviction.

Haneef S. Jackson-Bey v. State of Indiana (NFP)
45A03-1001-CR-36
Criminal. Affirms sentence following guilty plea to Class B felony burglary.

Umarex Sportwaffen GMBH, et al. v. Toyriffic, LLC d/b/a Hobbytron.com (NFP)
29A05-1001-PL-28
Civil plenary. Affirms order setting aside default on Umarex and other plaintiffs’ claim against Toyriffic for trademark infringement, trademark dilution, false advertising and trade dress infringement, unfair competition, conversion, forgery, counterfeiting, and deception.

Theodore Ebeyer v. State of Indiana (NFP)
41A05-0911-CR-674
Criminal. Affirms conviction of Class C felony possession of cocaine.

Mark Hendrickson, et al. v. Joseph Potetz, et al. (NFP)
87A01-1002-CT-111
Civil tort. Affirms summary judgment for Coinmach Holdings in a wrongful death complaint.

Phillip J. Camp v. State of Indiana (NFP)
29A02-1002-CR-210
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Dewan D. Burnett v. State of Indiana (NFP)
45A03-1002-CR-61
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine.

John Chupp v. State of Indiana (NFP)
49A05-0912-PC-683
Post conviction. Affirms in part and reverses in part denial of petition for post-conviction relief. Remands to the post-conviction court the issue of Chupp’s robbery conviction and directs the court to enter judgment of conviction as a Class C felony and sentence accordingly.

James D. Schregardus v. OH Retail, LL, LLC (NFP)
49A05-1002-PL-156
Civil plenary. Dismisses Schregardus’ appeal for lack of subject matter jurisdiction. Declines to award damages under Appellate Rule 66(E).

Salaheddin A. Alfaqeer d/b/a Tobacco Zone v. LOR Corp. (NFP)
49A04-1003-CC-213
Civil collection. Reverses denial of Alfaqeer’s motion to set aside judgment. Remands for further proceedings.

Term. of Parent-Child Rel. of D.M.; A.M. v. I.D.C.S. and Child Advocates (NFP)
49A04-1001-JT-116
Juvenile. Affirms involuntary termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted 3 transfers and denied transfer to 18 cases for the week ending Sept. 3.
 

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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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