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Opinions July 10, 2014

7th Circuit Court of Appeals
Adam Hartman v. EBSCO Industries Inc., et al
13-3398
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Theresa L. Springmann.
Civil. Affirms summary judgment in favor of defendants on Hartman’s lawsuit alleging negligence and strict liability after he was injured accidently by a gun. Indiana has a 10-year statute of repose for products-liability actions and his gun was then 14 years old. There are two exceptions to the statute, but he cannot satisfy either one.

7th Circuit orders agency to reconsider denial of benefits

Finding the “logical bridge” between evidence and conclusion that is needed to affirm a denial of disability benefits was not “sound” in a case before them, the 7th Circuit Court of Appeals reversed a lower court’s affirmation of the denial of a woman’s Social Security disability benefits.

Utah to appeal gay marriage ruling to high court

Utah has decided to go straight to the U.S. Supreme Court to argue against gay marriage, meaning the nation's highest court will have at least one same-sex marriage case on its plate when it returns in October.

Education board measures would curb Ritz’s powers

Schools Superintendent Glenda Ritz said Wednesday she would have her lawyers review a pair of measures from the State Board of Education that would curb some of her powers as board chair.

Opinions July 9, 2014 ILD

Indiana Court of Appeals
Marion County Health Department v. Edward Hill (NFP)
93A02-1402-EX-69
Agency action. Affirms the decision by the full Worker’s Compensation Board to award Hill employee compensation and benefits related to his unauthorized medical care.

Jerry D. White v. State of Indiana (NFP)
20A03-1306-PC-238
Post conviction. On rehearing, discusses ineffective assistance of counsel claim and affirms previous decision in all respects.

Louis Timothy Whyde v. Black Diamond Construction, LLC (NFP)
02A04-1402-CT-64
Civil tort. Affirms summary judgment in favor of Black Diamond Construction on Whyde’s lawsuit alleging negligence.

Keith R. Chaney v. Laura C. Chaney (NFP)
84A04-1312-DR-648
Domestic relation. Reverses denial of Keith Chaney’s motion for relief from judgment.

Richard Burrington v. State of Indiana (NFP)
20A05-1401-CR-40
Criminal. Dismisses the pro se appeal of the revocation of probation.

Derrek T. Berryhill v. State of Indiana (NFP)
32A04-1310-CR-527
Criminal. Affirms convictions and sentence for Class A misdemeanor possession of marijuana and Class B felony aiding, inducing or causing the commission of a robbery.

Victor Glenn v. State of Indiana (NFP)
49A02-1309-PC-774
Post conviction. Affirms denial of petition for post-conviction relief.

The Indiana Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.
 

Opinions June 9, 2014

Indiana Supreme Court
Veolia Water Indianapolis, LLC, City of Indianapolis, Department of Waterworks, and City of Indianapolis v. National Trust Insurance Company and FCCI Insurance Company a/s/o Ultra Steak, Inc., et al.
49S04-1301-PL-8
Civil plenary. Grants petition for rehearing on the issue of whether the insurers are third-party beneficiaries to the management agreement between Veolia and the city of Indianapolis. As to all issues not expressly addressed in the principal opinion, the Court of Appeals is summarily affirmed.

Supreme Court affirms COA on issue in public-private contract

In a mere three sentences, the Indiana Supreme Court summarily affirmed the Indiana Court of Appeals opinion in the lawsuit involving Veolia Water and the city of Indianapolis and liability for damages resulting from a fire that destroyed a restaurant.

Ex-business partner might not get damages for unreturned pizza oven

Because a county clerk did not apparently send out notice of a court order requiring a man to return a pizza oven to his partner in a bar, the Indiana Court of Appeals reversed the denial by the lower court of the man’s motion challenging a damages award stemming from his failure to return the oven.

Man had 3 months to bring claim to enforce contract, court rules

A son who sought to challenge his stepmother’s decision to revoke the will she made with his father had to bring his challenge within three months of the will being admitted to probate, not nine months as he claimed, the Indiana Court of Appeals ruled.

Moberly to become chief bankruptcy judge Aug. 1

Judge Robyn L. Moberly, in the United States Bankruptcy Court for the Southern District of Indiana, has been appointed to replace Judge James K. Coachys as the court's chief judge. Coachys is retiring Sept. 30.

Opinions July 8, 2014 ILD

Indiana Court of Appeals
Jasmine Davis v. State of Indiana (NFP)
49A05-1312-CR-610
Criminal. Affirms Class D felony theft conviction.

William Robert Tyler v. State of Indiana (NFP)
64A04-1402-CR-71
Criminal. Affirms conviction of Class C felony battery.

John R. Edwards v. Maryann Edwards (NFP)
64A03-1310-DR-423
Domestic relation. Affirms denial of John Edwards’ petition to emancipate and modification of custody and support.

Billie Jo Moore v. State of Indiana (NFP)
64A04-1309-CR-497
Criminal. Affirms conviction and sentence for  Class B felony aggravated battery.

In the Matter of the Termination of the Parent-Child Relationship of: T.R. (Minor Child), and, C.C. (Father) v. Indiana Department of Child Services (NFP)
82A01-1311-JT-497
Juvenile. Affirms termination of parental rights.  

Jubilee Investment Corp. v. BJ Thompson Associates, Inc. and BJ Thompson (NFP)
71A03-1401-CC-10
Civil collection.  Affirms summary judgment in favor of BJ Thompson on the issue of whether he, as president and sole shareholder of BJ Thompson Associates Inc. executed a personal guaranty of a commercial lease.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.