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Opinions March 3, 2015 ILD

Indiana Court of Appeals
Carol Hanquier and Jose Hanquier v. Joseph Hall and Pekin Insurance (mem. dec.)
55A05-1408-CT-375
Civil tort. Reverses dismissal of the Hanquiers’ complaint against Hall and Pekin insurance. Remands for further proceedings.

Sidney Lamour Tyson v. State of Indiana (mem. dec.)
45A03-1405-CR-143
Criminal. Affirms denial of motion to dismiss Class D felony failure to register as a sex offender charge.
 
Elijah Moore v. State of Indiana (mem. dec.)
49A02-1408-CR-587
Criminal. Affirms convictions of felony murder and Class C felony attempted robbery.

 

Opinions March 3, 2015

Indiana Court of Appeals
Gordon A. Etzler v. Indiana Department of Revenue
50A04-1406-PL-285
Civil plenary. Reverses summary judgment in favor of the revenue department on Etzler’s complaint for breeder’s award funds. Because the judgment resulting from the department’s Marshall County tax warrant only creates a lien on property “in the county,” I.C. 6-8.1-8-2(e), and because the department did not take measures to establish a lien on property located in any other county, the department’s ability to levy on Dale Dodson’s property was limited to Marshall County. Etzler filed a valid UCC financing statement that perfected his interest in the breeder’s awards.

Justices take environmental contamination appeal

The Indiana Supreme Court took just one case on transfer last week, a case involving a dispute over coverage for environmental contamination. The Court of Appeals ordered a trial on whether the known loss doctrine would bar insurance coverage, but later found that the “known claim” exclusion applies.

COA finds man justly fired for violating sexual harassment policy

The Indiana Court of Appeals reversed the decision by an administrative law judge that a nurse was not fired for just cause. The COA noted surprise that the man’s claims he was joking when he made sexually inappropriate comments to co-workers led the ALJ to decide the actions did not amount to violation of his employer’s sexual harassment policy.

Man, not state, had priority in breeder’s award proceeds

A Marshall County trial court erred when it granted summary judgment in favor of the Indiana Department of Revenue on a man’s attempt to collect breeder’s award proceeds owed to another man who had outstanding tax warrants.

Cumberland ups ante in fight to save historic church

Cumberland officials are stepping up their efforts to stop a supermarket and convenience store chain from demolishing a historic church by hiring one of Indianapolis’ top real estate attorneys to argue their appeal.

US Supreme Court allows challenge to Colorado Internet tax

A unanimous Supreme Court ruled Tuesday that federal courts can hear a dispute over Colorado's Internet tax law, a decision that could lay the groundwork for future changes in how states can tax retail sales to companies outside their borders.

CASA Day at Statehouse set for Monday

Hundreds of Indiana court-appointed special advocates will gather Monday for CASA Day at the Statehouse in Indianapolis. The event will be at noon in the north atrium.

Opinions March 2, 2015 ILD

Indiana Court of Appeals
Stephen Wilbert v. State of Indiana (mem. dec.)
49A02-1408-CR-533
Criminal. Affirms convictions of Class C felony forgery and Class D felony theft.

In re the Marriage of: Dedra L. Fisher v. Terry L. Fisher (mem. dec.)
02A03-1407-DR-258
Domestic relation. Affirms the trial court determination on the issues of contempt, a property settlement agreement, and overpayment crediting. Reverses decision to not award attorney fees to wife. Remands for further proceedings.

 

Opinions March 2, 2015 ILD

Indiana Court of Appeals
Stephen Wilbert v. State of Indiana (mem. dec.)
49A02-1408-CR-533
Criminal. Affirms convictions of Class C felony forgery and Class D felony theft.

In re the Marriage of: Dedra L. Fisher v. Terry L. Fisher (mem. dec.)
02A03-1407-DR-258
Domestic relation. Affirms the trial court determination on the issues of contempt, a property settlement agreement, and overpayment crediting. Reverses decision to not award attorney fees to wife. Remands for further proceedings.

 

Opinions March 2, 2015

7th Circuit Court of Appeals
Mir S. Iqbal v. Tejaskumar M. Patel, et al.
14-1959
U.S. District Court, Northern District of Indiana, Hammond Division. Judge James T. Moody.
Civil. Reverses dismissal of Iqbal’s complaint for want of jurisdiction because it is barred by the Rooker-Feldman doctrine since it challenges state court judgment. Because he seeks damages for activity that (he alleges) predates the state litigation and cause injury independently of it, the Rooker-Feldman doctrine does not block his suit.

7th Circuit reinstates alleged racketeering lawsuit

The 7th Circuit Court of Appeals reversed the decision of a federal judge to dismiss a man’s lawsuit because it is barred by the Rooker-Feldman doctrine. A man who had his gas station foreclosed upon claimed the defendants acted in cahoots to defraud him out of his business.

COA affirms attorney fees in frivolous suit challenging Logansport P3 deal

A woman’s lawsuit that claimed the city of Logansport had to pass an ordinance formally adopting the Public-Private Agreements Act before entering into a P3 deal was frivolous and in bad faith, thus justifying the award of attorney fees to the city, the Court of Appeals affirmed.

Zoeller asks justices to uphold ‘Spice’ law COA struck down

Indiana’s ‘Spice’ law that a pair of divided Court of Appeals panels ruled unconstitutional last month should be reinstated, Attorney General Greg Zoeller argues in briefs asking the Indiana Supreme Court to review the decisions.

Woman may pursue negligence claim against pharmacist

The Indiana Court of Appeals sidestepped the question of whether a previous decision is valid when determining that a woman who brought a medical malpractice claim against a hospital can pursue a negligence claim against the hospital’s pharmacist. The plaintiff did not present that negligence claim before the medical review panel.