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Opinions Aug. 17, 2017

7th Circuit Court of Appeals
Wine & Canvas Development, LLC, Anthony Scott, Tamara McCracken, and Donald McCracken v. Christopher Muylle, Theodore Weisser, YN Canvas LLC d/b/a Art Uncorked, Art Uncorked, LLC and Weisser Management Group, LLC
15-2088 and 15-3658
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Tanya Walton Pratt.
Civil. Affirms the verdict in favor of Christopher Muylle on Wine and Canvas Development LLC, Anthony Scott, Tamara McCracken and Donald McCracken’s trademark infringement and false designation of origin claims and on Muylle’s abuse of process counterclaim. Finds the district court did not abuse its discretion in sanctioning the plaintiff-appellants or in admitting statements Scott made to Muylle during settlement negotiations.

COA affirms admission of marijuana found in warrantless search

A northern Indiana trial court did not abuse its discretion in admitting as evidence marijuana found pursuant to a warrantless search because the defendant in the case validly consented to the search, the Indiana Court of Appeals has ruled.

Children’s commission names first executive director

The Commission on Improving the Status of Children in Indiana has tapped an individual who has experience working in nonprofits on issues facing youngsters and teens to be its first executive director.

Appellate court orders state to return $30,000 in seized currency

The state of Indiana must return $30,000 that was seized as part of a suspected drug trafficking scheme after the Indiana Court of Appeals ruled Wednesday the state failed to prove the money could reasonably be considered the proceeds of drug trafficking.

COA judge cites to Kenny Rogers in voided tax sale case

A judgment for owners of a property wrongly redeemed after a tax sale was affirmed in part by the Indiana Court of Appeals Wednesday, with Judge Terry Crone appropriating a Kenny Rogers classic to introduce a 31-page decision that reduced the attorney fees and other relief to which owners were entitled.

Opinions Aug. 16, 2017

Indiana Tax Court
William E. Schmidt, Jr. and Danielle Schmidt v. Indiana Department of State Revenue
49T10-1306-TA-55
Tax. Reverses the Indiana Department of State Revenue’s proposes assessments. Finds William and Danielle Schmidt have rebutted the presumption of validity afforded to the department’s proposed assessments. Also finds the Schmidts are not liable for Indiana AGIT, penalties or interest during the 2009, 2010 and 2012 tax years, and they are entitled to the refund claimed.

Trump to speed up public-works permits, drop climate order

President Donald Trump signed an executive order Tuesday that’s designed to streamline the approval process for building roads, bridges and other infrastructure by establishing “one federal decision’’ for major projects and setting an average two-year goal for permitting.

Law enforcement granted summary judgment after mistaken arrest

Despite a typographical error that prompted northern Indiana law enforcement officers to arrest, and later release, a man who was mistakenly alleged to have violated a protective order, a district court judge has granted summary judgment to the officers on the man’s wrongful arrest claims, finding the officers had arguable probable cause to make the arrest.

Supreme Court: Union County lacks standing to sue INDOT

The Indiana Supreme Court has affirmed the dismissal of a case seeking declaratory judgment and an injunction against the Indiana Department of Transportation, finding the local government entity bringing the action against INDOT lacked standing to do so.