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Opinions Aug. 5, 2015

Indiana Court of Appeals
BGC Entertainment, Inc. d/b/a Brad's Gold Club and 3551 Lafayette Road Corp. d/b/a Brad's Gold Club v. Jerry Coleman Buchanan, by His Father and Guardian, Odell Buchanan
49A05-1408-CT-373
Civil tort. Affirms denial of summary judgment in favor of Brad’s Gold Club parties in a negligence action resulting from a pedestrian’s injuries caused by a club waitress’s crash on her way home from work after she had been furnished alcohol. There are issues of fact concerning whether the club provided the waitress alcohol with knowledge she was visibly intoxicated and whether it breached its duty to supervise her. Buchanan’s cross-motion for summary judgment also was properly denied because evidence establishes that the waitress had no knowledge of her own level of intoxication to be imputed to the club.

Long wait for cold beer decision not unusual

Waiting nearly eight months for a cold beer would likely send thirsty Hoosiers across state lines for refreshment. But waiting this long for the 7th Circuit Court of Appeals to decide whether Indiana’s alcohol laws are constitutional is no reason to switch to liquor.

St. Joe County to pay $270K for not holding prompt hearings

St. Joseph County in northern Indiana has agreed to pay $270,000 to settle a federal class-action lawsuit that accuses the county of failing to provide those arrested with probable cause hearings within 48 hours, the South Bend Tribune reported.

Strip club must face suit of pedestrian hit by drunk waitress

A pedestrian severely injured when he was struck by a strip club waitress driving home from work may proceed with a civil lawsuit against the Indianapolis club that furnished her free alcohol, the Indiana Court of Appeals affirmed Wednesday.

Judge seats accused Best Chairs trademark infringer in Indiana

Online merchants who have sold more than $6 million worth of chairs with names that allegedly infringe on a longtime Indiana manufacturer’s trademarks will have to answer the claims in federal court in Evansville, a judge ruled Tuesday.

Opinions Aug 4. 2015 ILD

Indiana Court of Appeals
Bethany Koorsen v. Benjamin Koorsen (mem. dec.)
48A05-1411-DR-532
Domestic relation. Affirms order giving Benjamin Koorsen custody of the three children in Pendleton as long as the mother remains in Albion.

Dustin E. McGuire v. State of Indiana (mem. dec.)
48A02-1501-CR-23
Criminal. Affirms 80-year sentence for three counts of Class A felony child molesting and one count of Class C felony child molesting.

In the Matter of the Paternity of A.D., State of Indiana Ex. Rel., E.M.W. v. J.M.D. (mem. dec.)
71A03-1502-JP-58
Juvenile paternity. Reverses denial of state’s motion to correct error. Finds trial court abused its discretion in vacating the order establishing paternity and in denying state’s resulting motion. Remands to the trial court for an order on father’s motion to re-calculate his arrearage of child support and to vacate the contempt finding.

Sharla C. Williams v. TradeWinds Services, Inc., Board of Directors of TradeWinds Services, Inc., Jon Gold in his individual capacity and official capacity (mem. dec.)
45A03-1406-CT-202
Civil tort. Grants Williams’ petition for rehearing. Affirms summary judgment in favor of Trade Winds.

Kobe Blake v. State of Indiana (mem. dec.)
49A04-1412-CR-572
Criminal. Reverses conviction for Class A misdemeanor resisting law enforcement by flight.

Grant Johnson, Minor Child, by his Mother and Father, Don Johnson and Janice Johnson v. South Spencer School Corp. and Cliff Hagan's Boys' Club of Owensboro, Kentucky, Inc. (mem. dec.)
74A04-1501-PL-16
Civil plenary. Reverses grant of summary judgment in favor of South Spencer School Corp. and Cliff Hagan’s Boys’ Club of Owensboro, Kentucky. Finds there are issues of material fact regarding the negligence claims filed by the Johnsons stemming from multiple instances of bullying.  

Tony E. Rice v. State of Indiana (mem. dec.)
89A05-1412-CR-556
Criminal. Affirms 12-year sentence for two counts of Class C felony child molesting.

Kimtai Wilkerson v. State of Indiana (mem. dec.)
49A02-1501-CR-18
Criminal. Affirms conviction of Class A misdemeanor possession of a handgun without a license. Finds the admission of the deposition from one of the arresting officers who was being deployed to military duty overseas did not violate Wilkerson’s Sixth Amendment right to confront the witnesses. Also rules the evidence was sufficient to support the conviction.

 

Opinions Aug. 4, 2015

Indiana Supreme Court
David J. Markey v. Estate of Frances S. Markey, Deceased; Stephen L. Routson, Personal Representative Under the Last Will and Testament of Frances S. Markey, Deceased et al
89S05-1412-ES-749
Estate. Reverses summary judgment in favor of the defendants. Agrees with David Markey that his claim for breach of contract to make and not revoke mutual wills is a claim governed by the probate code. Remands to determine if Markey was a “creditor” who was “known or reasonably ascertainable” and therefore timely filed his claim.  

Risk to student in school religion case merits concealing mom’s name

The mother of a Fort Wayne public school student may proceed without identifying herself in a federal lawsuit claiming the second-grader was ostracized and shamed by a teacher because he told a classmate who inquired about his faith that he didn’t believe in God. The mother said identifying herself would disclose her son’s name, subjecting him to further harm and public criticism.

Reversal: Insurer’s acceptance of payment reinstated policy

A Porter County man won his argument that his insurer’s acceptance of a late payment kept his homeowners coverage in force, after which a garage fire caused damage exceeding $80,000. Now, the insurer also may have to pay bad-faith and punitive damages.

Uncertain of meth’s status, COA tosses syringe conviction

A man who was convicted of two felonies for injecting himself with methamphetamine should not have been convicted of unlawful possession of a syringe, because it’s unclear whether meth qualifies as a legend drug, a Court of Appeals panel ruled Tuesday.

Opinions Aug. 3, 2015

7th Circuit Court of Appeals
Louise Milan v. Billy Bolin, in his individual capacity as Evansville Police Department Chief, et al.
15-1207
Appeal from the U.S. District Court, Southern District of Indiana, Evansville Division
Judge William Lawrence
Civil. Affirms denial of summary judgment in favor of the Evansville police defendants on Louise Milan’s claim of excessive use of force resulting from a SWAT team raid on her house initiated with the use of flash-bang grenades. Denial of the defendants’ motion for summary judgment is reasonable considering the use of flash bangs, the skimpy basis for the search and its prematurity, and the failure to conduct a more extensive investigation.

Job market somewhat improved for law school grads

The National Association for Law Placement’s new analysis of the job market heralded the first rise in the employment rate in eight years for new law school graduates. However, the uptick comes with two caveats – the method for measuring employment has been tweaked which could be contributing to the better rate and the small size of the 2014 class provides an improved jobs rate despite a lower actual number of jobs secured.