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Opinions Aug. 14, 2014

7th Circuit Court of Appeals
Elliott D. Levin, as trustee in bankruptcy for Irwin Financial Corp. v. William I. Miller, et al.
12-3474
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms dismissal with respects to counts 1, 2, 4 and 5 that claim bank managers violated their fiduciary duties to Irwin because those claims are now owned by the FDIC.  Vacates dismissal of counts 3 – that managers allowed Irwin to pay dividends in amounts that left it short of capital – and 7 – that two of the managers breach their duties of care and loyalty – and and remands for further proceedings because those claims are categorized as direct claims that must be pursued by the bank, not the FDIC. Judge Hamilton concurs in result.

Security software maker loses trademark case against Warner Bros.

The Plymouth, Indiana-based security software maker that sued Warner Bros. after the movie “The Dark Knight Rises” referred to hacking software as “clean slate” lost its trademark infringement case before the 7th Circuit Court of Appeals. The company, which has a program called “Clean Slate,” claimed its sales dropped after the movie came out.

Trial court must consider husband’s interest in land in divorce case

The Indiana Court of Appeals has ordered a trial court to take another look at the marital pot of a northern Indiana couple, finding the lower court should have included the husband’s ownership interest in two parcels of land he owns as a joint tenant with his brother.

Court orders more proceedings in foreclosure action

An Elkhart County man successfully convinced the Indiana Court of Appeals to reverse the denial of his motion to set aside default judgment in a foreclosure action. The man argued he relied on information from the bank that he could proceed with a short sale and the foreclosure proceeding would be put on hold.

Rush to be sworn in as chief justice Monday

Indiana Justice Loretta Rush will officially become the Supreme Court’s chief justice Monday. Rush, along with current Chief Justice Brent Dickson, will be among those making brief remarks at the swearing-in ceremony.

Church accuses JPMorgan of mismanagement, self-dealing

Christ Church Cathedral in Indianapolis has filed a federal lawsuit against JPMorgan Chase, alleging the bank's "intentional mismanagement" and "self-dealing" led to $13 million in losses in church trust accounts endowed in the 1970s by Eli Lilly Jr.

Lighter sentences sought for some business crimes

The federal panel that sets sentencing policy eased penalties this year for potentially tens of thousands of nonviolent drug offenders. Now, defense lawyers and prisoner advocates are pushing for similar treatment for a different category of defendants: swindlers, embezzlers, insider traders and other white-collar criminals.

Court offices closed by underground explosion reopen Thursday

The state court offices located at 30 S. Meridian St. in downtown Indianapolis are open Thursday. The building was evacuated and workers were sent home early after several underground transformer explosions Wednesday afternoon.

Opinions Aug. 13, 2014

Indiana Supreme Court
Joshua Gomillia v. State of Indiana
49S02-1408-CR-521
Criminal. Affirms total executed sentence of 40 years imposed following a plea agreement to one count of Class A felony criminal deviate conduct and one count of Class B felony robbery. The nature and circumstances of the crime included the trial court’s discussion of the leadership role Gomillia played in the commission of the offenses, as well as the terror the victim suffered. Both are appropriate reasons justifying a sentence greater than the advisory term.

Explosion in downtown Indy closes several court offices

An underground transformer explosion in downtown Indianapolis has prompted the evacuation of the building that houses several state court agencies, including the Division of State Court Administration and the Indiana Supreme Court Disciplinary Commission.

Justices uphold sentence, clarify previous caselaw

The Indiana Supreme Court accepted a case to address the proposition that relying on an element of the offense as an aggravating factor when sentencing is no longer prohibited. The justices believe that the Court of Appeals has applied this position too broadly.

Court reduces attorney fees awarded to pay firm by $1 million

The Indiana Court of Appeals Wednesday found that an estate of a man with dependents can recover attorney fees under the General Wrongful Death Statute, but the trial court erred in how it calculated the amount the law firm will receive.

7th Circuit declines to overturn mine’s fine for safety violation

The 7th Circuit Court of Appeals denied the petition for judicial review filed by a company that runs a southern Indiana mine, finding sufficient evidence supports fining the company for violating federal regulation requiring a protective mound along an elevated roadway.

Police allowed to test seized shoe without warrant

The Indiana Supreme Court held Wednesday that police do not need to have a warrant before testing lawfully seized evidence, even if that evidence is unrelated to the crime for which the defendant is in custody.

DCS to fund state subsidies for adoptions from foster care

The Department of Child Services will fund state subsidies for children adopted from foster care for the fiscal year that began July 1. The announcement comes after a lawsuit claimed the state reneged on promises to provide the assistance to about 1,400 eligible families since 2009.

College newspaper sues Purdue for release of video

A college newspaper sued Purdue University on Tuesday over its refusal to release surveillance video that editors said shows a staff photographer being roughed up by police when he entered the building where a student had been fatally shot and stabbed.