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Law school deans excited about Class of 2018

At the University of Notre Dame Law School, Dean Nell Jessup Newton bet on the “summer melt” but ended up losing to Assistant Dean for Academic and Student Affairs Kevin O’Rear.

Florida woman says she secretly recorded Fogle

A Florida woman says former Subway pitchman Jared Fogle of Zionsville told her years ago about his interest in having sex with minors and that she went to authorities who told her to record the conversations.

Father who moved before divorce retains custody

The Indiana Court of Appeals Friday affirmed a trial court’s custody order in favor of a father who moved to Arizona, then California, before his wife filed for divorce.

Andy Mohr Truck Center wins $6.5M judgment against Volvo

A federal jury has slapped Volvo Trucks North America with a $6.5 million judgment, a stinging rebuke of its business dealings with Andy Mohr Truck Center, the franchisee the Swedish company signed on in 2010 to grow its market share here.

Opinions Aug. 20, 2015 ILD

Indiana Court of Appeals

Emily Duncan v. State of Indiana (mem. dec.)
67A01-1503-PC-102
Post conviction. Affirms denial of Duncan’s petition for post-conviction relief.

Demetrius Buntin v. State of Indiana (mem. dec.)
70A01-1501-CR-20
Criminal. Affirms conviction of dealing in cocaine, a Class A felony. Reverses convictions of possession of cocaine in excess of 3 grams, a Class C felony, and possession of cocaine and a firearm, a Class C felony. Finds the Class C felony convictions violated double jeopardy principles.

Daquion L. Shears v. State of Indiana (mem. dec.)
02A05-1501-CR-31
Criminal. Affirms revocation of probation.

Emery D. Scruggs v. State of Indiana (mem. dec.)
48A04-1412-CR-562
Criminal. Affirms revocation of probation.

In re the paternity of T.M. T.M., by next friend, Jeffrey D. Drinkski, Newton County Prosecuting Attorney and L.M. v. D.H. (mem. dec.)
56A03-1409-JP-324
Juvenile paternity. Affirms modification of physical custody of T.M. to his father, D.H.

Eddie Wilkerson v. Robert R. Carr and Lawyer Transport, Inc. (mem. dec.)
29A05-1410-CT-490
Civil tort. Affirms jury verdict in favor of the defendants. Jury concluded Wilkerson was 60 percent at fault for the collision and the defendants were 40 percent at fault.

In Re the Termination of the Parent-Child Relationship of: E.B. (a Minor Child) and B.H. (Father) v. Ind. Dept. of Child Services (mem. dec.)
21A01-1501-JT-37
Juvenile. Affirms termination of parental rights of B.H. to his daughter, E.B.

Maurice Knight v. State of Indiana (mem. dec.)
27A02-1411-CR-816
Criminal. Affirms conviction and two-and-a-half-year sentence for attempted obstruction of justice, a Level 6 felony.

Family Dollar Stores of Indiana, L.P., Family Dollar Holdings, Inc., and Baugo Creek Realty, LLC v. Charissa A. Heeter, Anthony P. Heeter et al (mem. dec.)
71A04-1412-CT-569
Civil tort. Affirms denial of summary judgment motion filed by Family Dollar. Heeters filed a negligence complaint after a driver lost control of his car and crashed through the Family Dollar in South Bend, injuring shoppers. COA finds retailer did not meet the initial burden of demonstrating the absence of any genuine issue of fact as to foreseeability.  

 

Opinions Aug. 20, 2015

7th Circuit Court of Appeals
The following opinion was filed after IL deadline Wednesday:
Jeffrey Allen Rowe v. Monica Gibson, et al.
14-3316
Appeal from the U.S. District Court, Southern District of Indiana, Indianapolis Division
Judge Sarah Evans Barker
Civil. Affirms in part, reverses in part and remands. Affirms summary judgment in favor of prison defendants on most claims of deliberate indifference to inmate Rowe’s claim of pain for being denied Zantac to treat esophageal reflux, but reverses as to Dr. William Wolfe, a contract physician at the Department of Correction. Also reverses summary judgment in favor of two defendants on Rowe’s claim of retaliation. Judge Richard Posner wrote for the majority joined in a separate concurrence by Judge Ilana Rovner that the District Court erred in granting summary judgment on those it reversed, finding that Rowe’s claims of pain, the timeline of his inability to obtain Zantac and the limited Internet research the judge undertook substantiated disputes that could not be disposed on summary judgment. Judge David Hamilton would allow Rowe’s retaliation claims to proceed, but not his deliberate indifference claims. The majority’s independent research was “an unprecedented departure from the proper role of an appellate court” that “runs contrary to long-established law and raises a host of practical problems the majority fails to address,” Hamilton wrote.

COA upholds human trafficking conviction

The Indiana Court of Appeals took a plain reading of state statute to counter a defendant’s argument that the state had to prove intent in order to sustain a conviction of attempted promotion of human trafficking.

Doctor who appealed attorney fees award now owes more

A northern Indiana doctor who lost a jury trial after he left a practice and started his own, and was ordered to pay damages and his former practice’s attorney fees, now may be on the hook for even greater costs.