Opinions July 17, 2013

Keywords neglect

The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Commissioner of Labor on the Relation of Stephen R. Shofstall, Edward C. Posey, and Deborah N. Posey v. International Union of Painters and Allied Trades AFL-CIO, CLC District Council 91
Civil plenary. Affirms judgment for the defendants on Shofstall and Edward Posey’s lawsuit seeking pay for accrued vacation time after they were fired by the union following losses in an election. Reverses summary judgment for the defendants on Deborah Posey’s lawsuit for vacation pay after she was fired following the election. There is a genuine issue of material fact as to whether the union had an agreement or policy for employees regarding the payment of unused accrued vacation time.

Wednesday’s opinions
Indiana Supreme Court

In the Matter of: Joseph Stork Smith
Discipline. Disbars Smith for, among other things, revealing confidential information relating to his representation of a former client by publishing the information in a book for personal gain. His disbarment becomes effective Aug. 28.

Indiana Court of Appeals
Timothy S. Enders and Enders & Longway Builders, Inc. v. Debra Sue Enders as Personal Representative of the Estate of Randall Enders
Civil. Affirms dissolution of corporation. Randall Enders was alive on the effective date of the trial court’s order dissolving the corporation; consequently, Timothy Enders did not become the sole owner of the company’s shares.

Natalie Medley v. Bruce Lemmon, Julie Stout, Pam Ferguson, Stacey Milner, Sherry White, L.A. Vannatta, Mike Pavese, Virginia McCullough
Civil plenary. Affirms the dismissal of all of Medley’s claims related to alleged violations of the Indiana Code and the Indiana Constitution. Affirms the dismissal of Medley’s Due Process and Equal Protection claims under the United States Constitution, as well as her claim that the “three strikes” policy infringes upon her First Amendment “right of association.” Reverses the dismissal of Medley’s First Amendment retaliation claims against Stout, Ferguson, Milner, McCullough and White; the dismissal of those claims as to Lemmon, Pavese and VanNatta is affirmed. Remands for further proceedings consistent with this opinion.

Matthew Longest, Deceased, by Robert Longest, Adm. & Parent of Matthew Longest, & Robert Longest, Jr. Adm. of Maribel Longest, Deceased v. Lisa M. Sledge, minor & Roger Brown & Donna Sledge

Civil tort. Affirms partial summary judgment for the defendants on the Longests’ General Wrongful Death Statute claim. Affirms decision to limit the award of attorney fees for the Longests on the GWDS claim. Concludes that there are genuine issues of material fact precluding summary judgment in favor of the defendants on the issue of Matthew Longest’s status as a child for the purposes of the Child Wrongful Death Statute. Consequently, the trial court erred in granting summary judgment on the Longests’ CWDS claim, and remands with instructions to vacate that portion of its judgment and for further proceedings consistent with this opinion.

Elizabeth Mayne v. O'Bannon Publishing Company, Inc., d/b/a Corydon Instant Print (NFP)
Civil tort. Affirms grant of preliminary injunction against Mayne and in favor of the publishing company regarding a noncompete provision.

Demarco Johnson v. State of Indiana (NFP)
Criminal. Affirms convictions of Class C felony attempted disarming of a law enforcement officer and Class D felony theft, adjudication as a habitual offender and 12-year sentence.

Michael Stratton, Personal Representative of the Estate of Ida C. Grow, Deceased v. Marjorie Ann Miller (NFP)
Civil tort. Affirms in part and reverses in part. Although the estate has not established that Ida Grow was entitled to recover litigation expenses, additional compensatory damages, damages for mental anguish, punitive damages, or attorney fees, remands for the trial court to award the estate costs, which include the filing fee and statutory witness fee.

Danny E. Durham v. Heather R. Durham (NFP)
Domestic relation. Affirms division of marital assets in dissolution of marriage.

The Indiana Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.

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