Opinions Dec. 15, 2011

December 15, 2011

7th Circuit Court of Appeals
Adrianna Brown, et al. v. Columbia Sussex Corp., et al.
U.S. District Court, Northern District of Indiana, Hammond Division, Chief Judge Philip P. Simon.
Civil. Affirms dismissal of 53 of the 224 plaintiffs who had their civil rights and breach of contract claims dismissed because they continually missed both formal and informal deadlines. Holds that, in the context of a multi-party or multi-claim suit, a premature notice of appeal from the dismissal of a party or claim will ripen upon the entry of a belated Rule 54(b) judgment under Rule 4(a)(2) and FirsTier. The District Court was within its discretion to find that the appellants acted willfully, in bad faith, or with fault.

Indiana Supreme Court
David R. Snyder v. J. Bradley King and Trent Deckard, in their Official Capacities as Co-Directors of the Indiana Election Division; and Linda Silcott and Pam Brunette
Certified question. Holds that the Indiana Constitution was not violated when, upon being convicted of Class A misdemeanor battery and sentenced to an executed term of incarceration, Snyder was disenfranchised, but only for the duration of his incarceration. Also holds that the General Assembly has separate constitutional authority to cancel the registration of any person incarcerated following conviction, for the duration of incarceration.

Indiana Court of Appeals
P.J. v. Review Board of the Indiana Dept. of Workforce Development, and Indianapolis Public Schools (NFP)
Agency appeal. Affirms determination that P.J. voluntarily left his employment without good cause and was ineligible for unemployment compensation.

Donald S. Forker v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class B felony dealing in a controlled substance.

Robert D. Spangler v. State of Indiana (NFP)
Criminal. Affirms sentence imposed after Spangler pleaded guilty but mentally ill to murder.

Brad A. Morcombe v. Kim D. Morcombe (NFP)
Domestic relation. Affirms division of assets.

Clara Combs v. State of Indiana (NFP)
Criminal. Affirms sentence for dealing in a schedule II controlled substance as a Class B felony.

Good Host, LLC v. Advanced Interventional Pain Center, LLC (NFP)
Civil plenary. Affirms finding that Good Host failed to state a claim for breach of contract under the theory of an assignment of the lease. Reverses dismissal of Good Host’s equitable assignment claim and remands for further proceedings.

P. Bryan Lilly, D.O. v. Tammy Meserve, as Natural Guardian of Samantha Jo Aders, Darien Aders, and Mason James Aders, minors (NFP)
Civil tort. Affirms in part and reverses in part judgment in favor of Meserve on her complaint alleging Dr. Lilly’s negligence resulted in Chad Aders’ death. Any error in the admission of Exhibit 4 or the expert testimony relating the content of the autopsy report did not affect Lilly’s substantial rights and was harmless. The trial court improperly denied Meserve’s request for attorney fees. Remands for the calculation of such.

In Re: (Supervised) Estate of Robert E. Bradley, Decedent; Phyllis C. Bradley v. Martha T. Starkey (NFP)
Estate, unsupervised. Affirms probate court’s order on the emergency petition to recover estate assets filed by Starkey.

Joshua Hudson v. State of Indiana (NFP)
Post conviction. Affirms denial of petition for post-conviction relief.

Najee Sabree Q. Blackman v. Samantha Maddox, et al. (NFP)
Civil tort. Affirms dismissal of Blackman’s complaint for damages.

R.D. v. Review Board of the Indiana Dept. of Workforce Development, et al. (NFP)

Agency appeal. Reverses denial of unemployment benefits.

Theresa L. Trensey and Louis L. Roth, Sr. v. Garland D. Anderson, M.D., Parkview Medical Group, and Unnamed Hospital, Inc. d/b/a Unnamed Hospital (NFP)
Civil tort. Affirms summary judgment in favor of Dr. Anderson, Parkview Medical Group and the unnamed hospital on the parents’ complaint for damages alleging medical malpractice.

Indiana Tax Court had posted no opinions at IL deadline.