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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.

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.

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.

Court finds man abandoned shareholder derivative claim

Because a man “expressly and unambiguously” abandoned his shareholder derivative claim when responding to a court demand to specify his legal claims, he cannot now assert that claim on appeal, the Indiana Court of Appeals ruled.

Opinions May 7, 2014 ILD

Indiana Court of Appeals
Johnathon R. Aslinger v. State of Indiana (NFP)
35A02-1303-CR-296
Criminal. Grants rehearing for the limited purpose of ordering a retrial on Aslinger’s conviction for possession of paraphernalia. Affirms original opinion in all respects.

Ricky Allen Cox v. State of Indiana (NFP)
48A02-1308-CR-717
Criminal. Affirms sentence for Class D felony theft and remands for a determination of the credit time to which Cox is entitled.  

J&W Construction, Inc. v. Duffy Tool & Stamping, LTD, LLC, et al. (NFP)
18A02-1309-CT-809
Civil tort. Affirms orders dismissing J&W’s motion for proceeding supplement and its motion to correct error.

Robert F. Petty v. State of Indiana (NFP)
72A05-1305-CR-237
Criminal. Affirms convictions of voluntary manslaughter, Class D felony removal of body from scene and Class D felony obstruction of justice.

Claude F. Hudson v. State of Indiana (NFP)
84A01-1305-CR-197
Criminal. Reverses denial of credit time and remands with instructions to award Hudson credit time from Oct. 15, 2012, to Dec. 27, 2012, when he was confined at a hospital.

Larry Fulbright v. State of Indiana (NFP)
49A02-1309-CR-789
Criminal. Reverses denial of petition to file a belated notice of appeal.

The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.

 

Opinions May 7, 2014

Indiana Supreme Court
Mayor Gregory Ballard v. Maggie Lewis, John Barth, and Vernon Brown
49S00-1311-PL-716
Civil plenary. Reverses partial summary judgment to Maggie Lewis, holding Mayor Greg Ballard is entitled to summary judgment on redistricting ordinance issue. Justices exercise judicial restraint and leave redistricting in the hands of the two branches of local government responsible for the task. Also reverses any order requiring Ballard to pay part of the cost of a master brought in on the issue.

Indy mayor wins redistricting battle

The Indiana Supreme Court ruled in favor of Indianapolis Mayor Greg Ballard Wednesday in a dispute between the mayor and Democratic members of the city-county council who challenged a redistricting plan passed in late 2011.