Opinions Aug. 13, 2010

Keywords neglect / Opinions

7th Circuit Court of Appeals
J. Castile v. Michael J. Astrue, Commissioner of the Social Security Administration

U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge David Hamilton.
Civil. Affirms denial of Castile’s numerous claims for obtaining disability insurance and disability widow’s
benefits. There was substantial evidence to support the administrative law judge’s conclusion that Castile’s chronic
fatigue syndrome didn’t render her disabled. The ALJ thoroughly examined the evidence and articulated his findings and
the District Court didn’t err in upholding the ALJ’s credibility determinations.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Taggart Paloutzian, et al. v. Belle Delint-Eaglesfield and Gregory Taggart

Civil. Affirms order that Gregory Taggart and Belle Delint-Eaglesfield, adopted children of Henry G. Taggart, are beneficiaries
under their grandfather Alex Taggart Jr.’s 1953 trust. Holds that a 2003 amendment to the Trust Code I.C. Section 30-4-2.1-2,
which abrogated the stranger to the adoption rule and placed adopted children on equal footing with natural children, applies
retroactively to the trust in this case pursuant to I.C. Section 30-4-1-4. Judge Crone dissents.

C. Bennett, et al. v. John E. Richmond, et al.

Civil. Reverses denial of Bennett and Schupan & Son’s motion to correct error following a jury trial verdict in
favor of John and Jennifer Richmond on their complaint alleging Bennett’s negligence and damages. The trial court abused
its discretion by allowing Dr. McCabe to testify that John Richmond sustained a brain injury as a result of the car accident
with Bennett. Remands for a new trial.

Swift, Jr. v. Robert J. Jeka and Alexandra Jeka (NFP)

Civil plenary. Reverses judgment in favor of the Jekas that Swift committed fraud and constructive fraud.

Inc., and DI Construction Services, Inc. v. The Odle, McGuire & Shook Corporation (NFP)

Civil. Affirms summary judgment for The Odle, McGuire & Shook Corp. on Dimensions, Inc. and DI Construction Services’
claims for breach of contract and negligence.

Indiana Tax Court had posted no opinions at IL deadline.

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