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Opinions Oct. 11, 2017

Indiana Supreme Court
Virginia Garwood and Kristen Garwood v. State of Indiana, et al.
31S01-1710-CT-647
Civil tort. Grants transfer for the limited purpose of vacating only the section of the Indiana Court of Appeals opinion that addresses subject matter jurisdiction. Finds a published order issued Feb. 8, 2016, that vacated the case of Garwood v. Indiana Department of State Revenue, 24 N.E.3d 548 (Ind. Tax Ct. 2014), which the Court of Appeals cited in its discussion on jurisdiction, resolved the issue of subject matter jurisdiction based on the parties’ representations at oral argument. Summarily affirms the remainder of the opinion.

COA: Bank that sold property to itself entitled to summary judgment

A northern Indiana bank that took deed of a property in lieu of foreclosure and sold the property to itself was entitled to summary judgment on the owner’s claims of fraud and breach of agreement, the Indiana Court of Appeals ruled Wednesday after finding those claims were “wholly without merit.”

Memorial scheduled to honor Senior Judge McKinney

The life and career of the late Senior Judge Larry McKinney will be celebrated by the U.S. District Court for the Southern District of Indiana at a special memorial ceremony Thursday.

Divided COA allows fraud claim against bank to proceed

A man whose inheritance from his deceased mother was depleted by more than $60,000 while a bank and his relatives were guardians of his family’s estates can continue in his lawsuit against the bank, the Indiana Court of Appeals ruled Tuesday.

Summary judgment to railroad company on citations complaint reversed

A Virginia-based rail company must face the state of Indiana in court in a conflict over whether state-issued citations for blocking grade crossings were proper after the Indiana Court of Appeals determined Tuesday that federal law does not preempt state law governing how long a train can block a crossing.

Opinions Oct. 10, 2017

Indiana Court of Appeals
In the Matter of the Guardianship of Nathaniel C. Hurst, A Minor, Centier Bank and Centier Bank, Personal Representative of the Estate of Luanne Hurst v. Nathaniel C. Hurst
45A03-1612-GU-2790
Guardianship. Affirms the denial of Centier Bank’s motion for summary judgment in Nathaniel Hurst’s action against it and Patrick and Michelle Hurst, in which Nathaniel Hurst alleged he suffered damages as a result of fraudulent acts committed by the bank and by Patrick and Michelle Hurst during their guardianship of Nathaniel Hurst’s estate. Finds the Lake Superior Court did not err in denying the bank’s motion for summary judgment. Chief Judge Nancy Vaidik dissents with separate opinion.

Trump urged by some to go on the attack against Mueller

Even as President Donald Trump’s advisers encourage him to accept the realities of special counsel Robert Mueller’s probe, longtime friends and allies are pushing Trump to fight back, citing concerns that his lawyers are naive to the existential threat facing the president.