Opinions May 12, 2014 ILD
The Indiana Supreme Court, Court of Appeals and Tax Court posted no opinions by IL deadline Monday. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline Monday.
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Opinions May 12, 2014
Indiana Tax Court
West Ohio II, LLC v. Marion County Assessor, Marion County Treasurer, and Marion County Auditor
49T10-1404-TA-9
Tax. Grants the county’s motion to dismiss for lack of subject matter jurisdiction West Ohio II’s petition asking the Tax Court to enjoin the collection of property taxes related to a disputed portion of its $39 million assessment. Injunctive relief cannot be granted before an original tax appeal has been initiated.
Lawyer resigns over adding fee requirement to plea deal
An Indianapolis attorney who ran for elected office multiple times has resigned from the bar rather than face a disciplinary charge that he added a demand for a fee to a client’s proposed criminal plea agreement.
Lilly to appeal $450M ruling over poisoned workers in Brazil
Eli Lilly and Co. plans to appeal a ruling from a judge in Brazil that fined the pharmaceutical giant and an Italian firm $450 million for poisoning workers at a manufacturing plant in the South American country.
Judge rejects petitioners’ requests to prevent tax collection
Because petitioners seeking to enjoin the collection of tax filed their petitions before an original tax appeal was initiated, the Indiana Tax Court granted Marion County’s motions to dismiss.
Justices to decide if defendant was ‘annoying’
The Indiana Supreme Court will decide whether the portion of the public intoxication statute enacted two years ago that uses the term “annoys” is void for vagueness, as the Indiana Court of Appeals held earlier this year.
Judges reverse judgment in favor of town in water agreement dispute
A trial court erred as a matter of law in its interpretation of a disputed section of a water agreement between a real estate developer and the town of Huntertown; as such, the Indiana Court of Appeals reversed partial summary judgment in favor of the town.
Leadership in Law reception photos now online
Photos from this year's reception honoring Indiana Lawyer's Leadership in Law Award winners held May 1 in Indianapolis are now online. Meet 2014's Distinguished Barristers & Up and Coming Lawyers.
Indiana doesn’t have jurisdiction in IP suit, rules 7th Circuit
The 7th Circuit Court of Appeals ordered a District judge to dismiss a case filed by a company with California ties against another California company alleging various IP violations. The judges found Indiana does not have personal jurisdiction over the matter based on emails the allegedly offending company sent.
Opinions May 9, 2014 ILD
Indiana Court of Appeals
James Cody Ertel v. State of Indiana (NFP)
15A05-1307-CR-372
Criminal. Affirms 12-year sentence for Class B felony child molesting.
Brian S. Moore v. Kristy L. Moore (NFP)
49A04-1308-DR-401
Domestic relation. Affirms modification of parenting time and legal custody, reverses income imputed to father for child support purposes in the amount of $50,000 a year and remands for further proceedings.
George H. Glawson v. State of Indiana (NFP)
05A05-1309-CR-478
Criminal. Affirms conviction and sentence for Class D felony failure to return to lawful detention.
In Re: The Visitation of H.B., A.B. v. T.S. and A.S. (NFP)
87A01-1309-MI-415
Miscellaneous. Remands to the trial court for new findings and conclusions without hearing new evidence as the findings and conclusions by the trial court regarding relevant factors are incomplete.
Robert Campbell v. State of Indiana (NFP)
89A04-1309-CR-490
Criminal. Affirms finding that Campbell was in contempt of court but remands for the trial court to impose a sentence not exceeding six months. Affirms decisions forbidding the application of good-time credit in these circumstances.
In re the Adoption of M.D.: S.D. (Father) v. S.F. (Mother), and D.M. (Adoptive Parent) (NFP)
71A03-1309-JP-363
Juvenile. Affirms grant of stepfather’s petition to adopt M.D.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Opinions May 9, 2014
7th Circuit Court of Appeals
Advanced Tactical Ordnance Systems Inc. v. Real Action Paintball Inc. and K.T. Tran
13-3005
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Joseph S. Van Bokkelen.
Civil. Reverses finding that the court has personal jurisdiction and that Advanced Technical was entitled to a preliminary injunction. Remands with directions to dismiss for lack of personal jurisdiction. There is no evidence that defendant Real Action has the necessary minimum contacts with Indiana to support specific jurisdiction.
Indiana Supreme Court will hear appeal of right-to-work law
Indiana justices will hear arguments in September on the state's right-to-work law, which was declared unconstitutional last year by Lake Superior Judge John Sedia. IBJ has more.
Man lacks standing to pursue cause of actions in failed home purchase
The Indiana Court of Appeals affirmed that the underwriter of title insurance stands in the shoes of its insureds, so a man suing several entities over a failed home purchase lacks standing to pursue his causes of action.
Judges affirm $40,000 judgment in lawsuit involving neighbors
Noting the grounds on which a defendant sought relief from a $40,000 default judgment are unclear, the Indiana Court of Appeals affirmed that the man must pay his neighbor that amount.
Lawsuits say Munster cardiologist inserted unneeded defibrillators
A Lake County cardiologist sued for performing surgeries to insert heart defibrillators that two patients say they didn’t need may have performed other such unnecessary procedures, attorneys say.
Indiana justices consider whether ‘cause of death’ is public information
The Evansville newspaper and local county health department appeared before the Indiana Supreme Court Thursday, reviving a dispute they had decades ago over whether death certificates are public record.
Opinions May 8, 2014 ILD
Indiana Court of Appeals
Belinda Douglas v. Neil Spicer and L.S.
32A01-1309-JP-403
Juvenile. Affirms order that Spicer pay $6,600 in back child support. The trial court did not err when it determined that father’s court-ordered child support obligation terminated after 33 weeks in October 2005.
Don Morris v. Biosafe Engineering, LLC
32A04-1306-PL-321
Civil plenary. Affirms summary judgment for BioSafe Engineering. Morris unambiguously abandoned his shareholder derivative claim against BioSafe, therefore, he was stopped from asserting a claim he had abandoned.
In re the Paternity of D.M.: J.W. v. C.M.
10A01-1306-JP-253
Juvenile. Reverses denial of J.W.’s motion to dismiss the state’s verified petition for the establishment of paternity alleging he was the father of C.M.’s stillborn child. The state had no authority to bring this action and the trial court erred in allowing it to proceed.
In the Matter of: A.P. (Minor Child), Child in Need of Services and J.H. (Father) v. The Indiana Department of Child Services (NFP)
49A02-1309-JC-785
Juvenile. Affirms adjudication that A.P. is a child in need of services.
Michael Seacat v. Goodrich Corporation (NFP)
93A02-1310-EX-910
Agency action. Affirms denial of application for workers’ compensation benefits.
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.
Opinions May 8, 2014
Indiana Court of Appeals
Belinda Douglas v. Neil Spicer and L.S.
32A01-1309-JP-403
Juvenile. Affirms order that Spicer pay $6,600 in back child support. The trial court did not err when it determined that father’s court-ordered child support obligation terminated after 33 weeks in October 2005.
Judges affirm $6,600 in child support arrearage
The Indiana Court of Appeals agreed that a father owed only $6,600 in back child support and not $74,000 as the child’s mother claimed.
COA: State had no authority to bring paternity action
A trial court erred in ordering a southern Indiana teen to undergo genetic testing to establish paternity of a stillborn child, the Indiana Court of Appeals held Thursday. It found the state, which filed the petition for paternity on behalf of the mother, had no authority to bring the action because there were no custody or support issues to be determined.