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Indiana medical company sued over data breach

Two lawsuits have been filed in federal court in Fort Wayne seeking class-action status on behalf of patients who have had their data compromised by Medical Informatics Engineering.

Reversal: VORP cannot be ordered in sentence

The Indiana Court of Appeals ruled Friday that offenders may not be ordered to participate in the Victim-Offender Reconciliation Program, reversing a sentence and remanding to the trial court for a restitution hearing.

Opinions Aug. 6, 2015

7th Circuit Court of Appeals
United States of America v. Sandra McGuire
14-3545
Appeal from the U.S. District Court, Northern District of Indiana, Hammond Division
Judge James Moody
Criminal. Dismisses appeal over the denial of McGuire’s motion to withdraw a guilty plea to money laundering for depositing $2,200 in drug proceeds into her checking account. McGuire’s plea agreement included a waiver of appeal, and this applies to her motion to withdraw the plea after it was accepted but before she was sentenced.

Attorney to seek resentencing in Indiana teen’s sex case

An Indiana 19-year-old is seeking a new sentence after being ordered to register as a sex offender in two states and refrain from having a computer or smartphone, or living in a place with Internet access, because he had consensual sex with a 14-year-old Michigan girl he met online who said she was 17.

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.