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Opinions July 5, 2016

July 5, 2016

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Friday:
Richard Bell v. Cameron Taylor, et al.
15-2343, 15-3735, 15-3731
U.S. District Court for the Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Affirms grant of summary judgment in favor of defendants and subsequent grant of their motions to dismiss. Richard Bell sued Cameron Taylor, Fred O’Brien and Shana Cheatham and their various business entities for use of his copyrighted photos of the Indianapolis skyline on their company websites. Taylor provided Bell notice that he had not used the daytime photo as Bell alleged, the court didn’t err by denying Bell’s motion to file a fourth amended complaint against Taylor, res judicata was properly applied by the District Court and summary judgment was proper. The 7th Circuit affirmed summary judgment in favor of O’Brien and Cheatam, wherein the District Court ruled that Bell could not prove damages from the unlicensed use of the photo, and rejected Bell’s appeal of the court’s denial of his discovery requests seeking 11 years of income tax records and a spreadsheet showing a website’s traffic.

Tuesday’s opinions
Indiana Supreme Court
State of Indiana, Acting on Behalf of the Indiana Family & Social Services Administration
49S00-1605-OR-294
Original action. Concludes that the state is entitled to a change of judge. Removes Marion Superior Judge David Dreyer and orders the trial court to grant the change of judge motion. Vacates all orders Dreyer issued in the case on or after May 6, 2016, the date the Supreme Court’s order was certified, and prohibits Dreyer from exercising further jurisdiction except to effectuate the change of judge.

Indiana Court of Appeals
John Green v. Stephen Robertson, Commissioner, Indiana Department of Insurance
49A02-1509-MI-1487
Miscellaneous. Affirms award of an additional $300,000 to Green from the Indiana Patient’s Compensation Fund after he settled a medical malpractice claim for $250,000. Where recovery is limited to damages for increased risk of harm because the patient stood less than a 50 percent chance of recovery prior to encountering the physician’s negligence, the trial court may consider evidence of the patient’s underlying risk in order to determine the appropriate amount of damages. 

In the Matter of the Civil Commitment of L.V. v. Eskenazi Health (mem. dec.)
49A02-1512-MH-2186
Mental health. Affirms involuntary commitment of L.V. due to mental illness.

In re the Matter of the Termination of the Parent-Child Relationship of K.B. (Minor Child) and A.E. (Mother) v. Indiana Department of Child Services (mem. dec.)
82A01-1512-JT-2161
Juvenile. Affirms termination of mother’s parental rights.

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