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Opinions Nov. 7, 2014

November 7, 2014

The following opinion was posted after IL deadline Thursday:
Indiana Supreme Court
Gregory F. Zoeller, Attorney General and Rick J. Ruble, Commissioner of the In. Dept. of Labor v. James M. Sweeney, David A. Fagan, Charles Severs et. al.
45S00-1309-PL-596
Civil plenary. Reverses finding by Lake Superior Court that I.C. 22-6-6-8 and 22-6-6-10 violate Article I, Section 21 of the Indiana Constitution. Any compulsion to provide services does not constitute a demand made by the state. Justice Rucker concurs in result with separate opinion.

Friday’s opinions
Indiana Court of Appeals

Anonymous Physician and Anonymous Medical Group v. Richard Loucks Rogers
02A03-1401-CT-1
Civil tort. Reverses denial of motion filed by the doctor and medical group for summary judgment. The trial court erred in denying summary judgment upon finding genuine issues of material fact exist as to whether Rogers timely filed his proposed complaint. Finds his claim was not timely filed under the Indiana Medical Malpractice Act.

The City of Indianapolis, Indiana, and the Indianapolis Department of Public Works v. Evelyn Cox
49A02-1309-PL-792
Civil plenary. Reverses summary judgment for the plaintiffs on the action alleging the city of Indianapolis acted illegally in the course of changing its method for financing sanitary sewer improvement projects. Cox’s claim against the city under I.C. 36-9-39-17 and the Indiana Constitution are barred by noncompliance with the Indiana Tort Claim Act.

Jack L. Anderson v. State of Indiana (NFP)
05A02-1402-CR-133
Criminal. Affirms convictions of Class C felony burglary and Class D felony theft.
 

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