Opinions June 16, 2017

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The following opinions were posted after IL deadline Thursday:
7th Circuit Court of Appeals
Michael Driver, individually and as representative of a class of similarly situated individuals, et al. v. Marion County Sheriff, et al.
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Richard L. Young.
Civil. Vacates the district court’s denial of certification to three subclasses in a case against the Marion County Sheriff’s Department and Consolidated City of Indianapolis and Marion County. Finds the district court erred in denying class certification. Remands for further proceedings.

Indiana Tax Court
Thermo-Cycler Industries, Inc, v. Indiana Department of State Revenue
Tax. Awards summary judgment in favor of the Indiana Department of State Revenue and against Thermo-Cycler Industries. Finds Indiana Code 6-8.1-3-12(d) allows, but did not require, the revenue department to obtain a subpoena and court order from the LaPorte County court before proceeding with its audit of Thermo-Cycler. Also finds it was proper for the department to rely on Thermo-Cycler’s federal returns to complete its audit because Thermo-Cycler did not provide the department with access to any of its books and records as required by statute. Finally, finds the designated evidence indicates Thermo-Cycler has not suffered any procedural due process violation with respect to the department’s 2010 proposed assessment.

Friday opinions
Indiana Court of Appeals
Jack Allen Delauter v. Angela Lee Delauter (mem. dec.)
Domestic relation. Affirms and reverses in part the Wabash Superior Court’s findings of fact and judgment dissolving Jack Allen Delauter’s marriage to Angela Lee Delauter. Finds the trial court’s conclusion the North Central Respiratory Inc. property had a value of $62,000 as a marital asset contradicts the finding that Jack Delauter’s one-half share was worth $31,000. Also finds the trial court did not abuse its discretion or err in all other respects. Remands for clarification of the value of Jack Delauter’s one-half ownership share of NCR’s office building.

Crystal Williams, Stephan Williams, and Lorenzo Washington v. Chicago South Shore & South Bend Railroad, Jonathan Manigold, and William Cummings (mem. dec.)
Civil tort. Reverses the Lake Circuit Court’s grant of summary judgment to Chicago South Shore & South Bend Railroad and its employees, Jonathan Manigold and William Cummings. Finds the trial court erred by granting CSS’ motion for summary judgment on the plaintiffs’ negligence claim. Remands for further proceedings.

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