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Opinions Dec. 6, 2016

December 6, 2016
KEYWORDS Opinions

7th Circuit Court of Appeals
Gillian Berger, et al. v. National Collegiate Athletic Association, et al.
16-1558
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Civil. Affirms district court decision to grant the appellees’ motion to dismiss, holding that student-athletes are not employees and are not entitled to a minimum wage under the Fair Labor Standards Act. Judge David Hamilton concurs with separate opinion.

Benton County Wind Farm LLC v. Duke Energy Indiana, Inc.
15-2632
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Reverses district court judgment in favor of Duke Energy Indiana Inc. Remands with instructions to determine the relief to which Benton County Wind Farm LLC is entitled. Judge Richard Posner concurs with separate opinion.

Indiana Supreme Court
In the Matter of: Divina K. Westerfield
49S00-1505-DI-321
Discipline. Finds that Divina K. Westerfield committed attorney misconduct by improperly soliciting employment, failing to refund unearned fees and engaging in the unauthorized practice of law in Florida. Suspends Westerfield for 18 months without automatic reinstatement.

Indiana Court of Appeals
L. Ray Yeager, and Phyllis L. Yeager v. Deutsche Bank National Trust Company, as Trustee of the Residential Asset Securitization Tust 2005-A1, Mortgage Pass-Through Certificates, et al.
22A04-1604-MF-727
Mortgage foreclosure. Reverses the Floyd Superior Court’s provisional order for payment of mortgage, taxes and insurance premiums in a foreclosure action. Finds that the trial court abused its discretion when it failed to hold a hearing or to otherwise obtain information to determine the amount of the Yeagers’ provisional monthly payment. Judge Paul Mathias dissents with separate opinion.

Amber Lee Ryle v. State of Indiana (mem. dec.)
48A02-1603-CR-594
Criminal. Affirms the revocation of Amber Lee Ryle’s probation. Finds that the evidence is sufficient to establish by a preponderance of the evidence that Ryle committed the offense of theft, either as a principal or an accomplice, thereby violation a condition of her probation.

Charles Sweeney v. David C. Long, President Pro Tempore, Indiana General Assembly, et al. (mem. dec.)
49A05-1602-CT-425
Civil tort. Grants Charles Sweeney’s petition for rehearing for the limited purpose of clarifying the original decision in this matter. Reaffirms the decision to dismiss Sweeney’s complaint for injunctive relief as to the named defendants. Finds that although Indiana Senate President Pro Tem David Long was considered a “person” with respect to prospective relief only, he was entitled to dismissal because Sweeney did not state a claim upon which relief could be granted.

Arthur Scott v. State of Indiana (mem. dec.)
48A05-1605-CR-1152
Criminal. Affirms the Madison Circuit Court’s decision to revoke Arthur Scott’s probation and order that he serve his aggregate sentence of five years in the Indiana Department of Correction. Finds that the trial court did not abuse its discretion when it admitted substantially trustworthy hearsay evidence at the probation revocation hearing and ordered Scott to serve his suspended sentence with the DOC after he violated the terms of his probation.

Kevin Terry v. State of Indiana (mem. dec.)
11A05-1605-CR-1010
Criminal.  Affirms Kevin Terry’s conviction for attempted burglary. Finds that the evidence is sufficient to sustain his conviction.
 

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