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Opinions March 2, 2015

March 2, 2015

7th Circuit Court of Appeals
Mir S. Iqbal v. Tejaskumar M. Patel, et al.
14-1959
U.S. District Court, Northern District of Indiana, Hammond Division. Judge James T. Moody.
Civil. Reverses dismissal of Iqbal’s complaint for want of jurisdiction because it is barred by the Rooker-Feldman doctrine since it challenges state court judgment. Because he seeks damages for activity that (he alleges) predates the state litigation and cause injury independently of it, the Rooker-Feldman doctrine does not block his suit.

Indiana Supreme Court
State of Indiana v. Michael E. Cunningham
19S05-1409-CR-599
Criminal. Reverses grant of Cunningham’s motion to suppress evidence obtained as a result of the pat-down search. Cunningham asked to step out of his truck during a traffic stop and police made their permission conditional on the pat down. They could make permission to exit conditional on the consent to a pat-down search since Cunningham had the option of staying in the truck and thus avoiding the search. Justice Rucker dissents with separate opinion.

Indiana Court of Appeals
Ball Memorial Hospital, Inc. v. L. Gail Fair, as Personal Representative of the Estate of Suwanna Dickey, Deceased v. Izzet Yazgan, M.D., and Meridian Services Corporation
18A02-1405-CT-316
Civil tort. Affirms ruling that Fair can make a claim regarding Ball Memorial’s pharmacist even though she did not present a medical malpractice claim against the pharmacist before the medical review panel. Her complaint included Ball Memorial’s “nurses and staff,” and it is undisputed that the pharmacist is a member of the hospital’s staff. Yazgan and Meridian Services may raise potential negligence on the part of the pharmacists as a defense, and Ball Memorial is not entitled to an order limiting its liability at this time.

Julie Kitchell v. Ted Franklin, as the Mayor of the City of Logansport, and The Common Council of the City of Logansport
09A02-1405-PL-369
Civil plenary. Affirms award of trial attorney fees to Franklin and the common council after finding Kitchell’s complaint was unreasonable, frivolous and groundless. There is no possibility that Kitchell’s claim would prevail.

Stephen Wilbert v. State of Indiana (mem. dec.)
49A02-1408-CR-533
Criminal. Affirms convictions of Class C felony forgery and Class D felony theft.

In re the Marriage of: Dedra L. Fisher v. Terry L. Fisher (mem. dec.)
02A03-1407-DR-258
Domestic relation. Affirms the trial court determination on the issues of contempt, a property settlement agreement, and overpayment crediting. Reverses decision to not award attorney fees to wife. Remands for further proceedings.

 

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