Opinions July 16, 2010

Keywords neglect / Opinions

7th Circuit Court of Appeals
George, et al. v. National Collegiate Athletic Association

U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Reverses dismissal of the plaintiffs’ entire second amendment complaint alleging the NCAA’s ticket-allocation
process is an illegal lottery. Because plaintiffs sufficiently pleaded that the NCAA conducted a lottery, the bona-fide-business-transaction
exception to the statutory definition of gambling is of no effect. The District Court erred in holding that the doctrine of
in pari delicto bars plaintiffs from seeking relief from the court. Remanded for further proceedings. Judge Cudahy dissents.

Jones v. Res-Care, Inc. and Shane McFall

U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms summary judgment for Res-Care and McFall in Jones’ suit alleging race discrimination, retaliation, and
various state-law claims. Jones’ Title VII claims, with the exception of her retaliation claim, are barred, and affirms
summary judgment with respect to the state claims of defamation and vicarious liability. She failed to establish a prima facie
case under the direct method on her retaliation claim.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
L. Williams v. State of Indiana

Criminal. Affirms convictions of two counts of Class A felony dealing in cocaine, one conviction of Class C felony possession
of a controlled substance and Class D felony maintaining a common nuisance. Reverses and vacates one Class C felony conviction
and remands for the trial court to correct its records to reflect the vacation of the conviction. The admission of the confidential
informant’s statements did not violate Williams’ right to confront witnesses. Williams didn’t preserve for
appellate review his claim that the trial court failed to properly admonish the jury.

M. Brown v. Alliance Environmental, Inc. v. R. Bruce Wallace (NFP)

Civil. Reverses part of order that awarded Brown compensatory damages resulting from Wallace’s breach of the fiduciary
duty that he owed to Brown and in finding Brown held a 12 percent ownership interest in Alliance at the time of the asset
sale in 2005. Remands for further proceedings. Affirms order in all other respects.

Spears v. State of Indiana (NFP)

Criminal. Affirms conviction of Class A misdemeanor battery.

G. Thomas, as personal representative of the estate of William T. Dollard, deceased v. Carol Sparks Drake, et al. (NFP)

Civil. Grants estate’s petition for rehearing and affirms original opinion affirming summary judgment in favor of Drake.

v. State of Indiana (NFP)

Juvenile. Affirms placement at Kokomo Academy.

Shelton Scott v. State of Indiana (NFP)

Criminal. Affirms 40-year sentence for Class A felony child molesting.

Baird and George M. Cox v. State of Indiana (NFP)

Criminal. Affirms denial of Baird and Cox’s motion for review of numerous claims of error relating to the trial court’s
bond schedule and conditions of bond.

of Mary L. Riley and Marjorie R. Potts v. James Riley (NFP)

Estate supervised. Affirms decision in favor of James Riley’s son, trust, and grandchildren.

v. I.D.C.S. (NFP)

Juvenile. Affirms involuntary termination of parental rights.

v. J.C.D; J.M.O. v. D.H.M. (NFP)

Civil. Reverses denial of J.M.O.’s petitions for protective orders against her child’s father and his fiancée.
Remands for further proceedings.

R. Ross v. State of Indiana (NFP)

Criminal. Affirms convictions of Class A felony dealing in cocaine, Class C felonies possession of cocaine and a firearm,
and carrying a handgun without a license, and three counts of Class D felony possession of a controlled substance.

Matthews v. City of Indianapolis (NFP)

Civil tort. Reverses summary judgment for City of Indianapolis in Matthews’ complaint alleging the city negligently
failed to place or replace a stop sign at an intersection and that proximately caused his injuries.

v. State of Indiana (NFP)

Juvenile. Affirms adjudication for committing what would be Class D felony possession of cocaine if committed by an adult.

Orr v. State of Indiana (NFP)

Criminal. Affirms sentence following guilty plea to burglary as a Class B felony.

v. L.C. (NFP)

Civil. Affirms denial of K.W.’s petition to terminate guardianship.

Indiana Tax Court had posted no opinions at IL deadline.

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