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The recent Taft merger shows that expansion leads to a shrinking of traditional “home office” roles.
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State, IBM contest $62 million award for canceled welfare contract
Indiana Court of Appeals judges spent the better part of a 90-minute oral argument Nov. 25 focused on whether a trial judge’s order applied the proper legal standards in awarding $62 million to IBM after the state canceled its $1.3 billion contract to overhaul Indiana’s welfare administration.
Commission recommends removing embattled judge
Marion Superior Judge Kimberly Brown should be removed from office, the Indiana Judicial Qualifications Commission recommends in findings of fact compiled after the weeklong hearing of a 47-count complaint that concluded Nov. 10.
Opinions Dec. 2, 2013 ILD
Indiana Supreme Court, Indiana Court of Appeals and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions Dec. 2, 2013
7th Circuit Court of Appeals
Thomas Blanchar v. Standard Insurance Co.
12-2745
Civil. Affirms District Court grant of summary judgment in favor of Standard, holding that Blanchar is not entitled to overtime compensation because his work satisfies the requirements of the administrative employee exemption.
I
Notre Dame Law School launches exchange program with China
The University of Notre Dame Law School will be starting a student exchange program with two elite law schools in China.
Final chance to register for Intellectual Property CLE being presented Dec. 5
Two hours of CLE credit are available at the Dec. 5 presentation: "Trolls, Bullies and Squatters: Modern Challenges to IP Rights."
This IP CLE program, part of the Indiana Lawyer's Practicing Law in Indiana series, will be presented Thursday, Dec. 5, from 1 to 3:15 p.m. in the Barnes & Thornburg auditorium, 11 S. Meridian St., Indianapolis. Cost is $89. Register today at www.theindianalawyer.com to secure your seat.
For additional information, contact Kelly Lucas at [email protected].
Insurance employee loses overtime appeal
An insurance company employee lost an appeal for overtime compensation when the 7th Circuit Court of Appeals on Wednesday affirmed a District Court grant of summary judgment in favor of the employer.
Opinions Nov. 27, 2013 ILD
Indiana Court of Appeals
Mike Ellis, Debra Ellis, VJJ&A Transport, Inc., Bob Hopkins, Kathleen Hopkins, John Gomes, John Dunn, et al. v. David M. Duree and David M. Durree & Associates, P.C., and John R. Price et al. (NFP)
29A02-1212-PL-978
Civil plenary. Reversed grant of summary judgment in favor of the Duree lawyers on Kapza’s breach of contract claim and remands for further proceedings. Affirms all remaining summary judgment rulings in favor of Duree lawyers. Also affirms summary judgment in favor of the Price lawyers.
Clarence W. Seeley, III v. State of Indiana (NFP)
21A01-1303-CR-139
Criminal. Affirms conviction of public intoxication, a Class B misdemeanor.
Johnathan Robinson v. State of Indiana (NFP)
32A05-1304-CR-178
Criminal. Affirms conviction of inhaling toxic vapors as a Class B misdemeanor.
Dontay Martin v. State of Indiana (NFP)
02A05-1303-CR-113
Criminal. Affirms convictions of attempted murder and sentence of 40 years for each of the convictions.
Richard R. Hogshire v. Ursula Hoover (NFP)
06A01-1212-DR-557
Domestic relation. Reverses trial court’s order that Hogshire pay Hoover’s attorneys $15,000 in preliminary fees and costs. Remands for an evidentiary hearing. Judge Bailey concurs in a separate opinion but questions whether the court should address the issue of attorney fees when neither party has filed a motion claiming entitlement.
Terrence J. Douglass v. State of Indiana (NFP)
18A02-1302-CR-189
Criminal. Affirms convictions of two counts Class B felony dealing in cocaine.
Kasi Ballew v. State of Indiana (NFP)
22A01-1303-CR-141
Criminal. Affirms revocation of Ballew’s probation.
Tracy K. Fry and Keith A. Fry v. PHH Mortgage Corp. (NFP)
20A04-1212-MF-628
Mortgage foreclosure. Affirms grant of summary judgment in favor of PHH Mortgage Corp.
Laraysha Webb v. State of Indiana (NFP)
49A02-1304-CR-341
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle without a license.
Pizza King of Elwood v. The Peniel Group, Dollar General Stores, and Elwood Holdings, LLC (NFP)
48A02-1302-PL-148
Civil plenary. Reverses the trial court finding that the defendants have a valid easement on Pizza King’s property.
Kenneth D. Hunter v. E*Trade Bank (NFP)
41A01-1208-MF-352
Mortgage foreclosure. Affirms trial court’s grant of summary judgment in favor of E*Trade Bank.
Mark A. Valdes and James H. Valdes v. Vincennes Building and Safety Commission and the City of Vincennes (NFP)
42A01-1302-PL-88
Civil plenary. Affirms trial court’s judgment affirming an order by the City of Vincennes Building and Safety Commission to demolish a hotel owned by Valdes.
The Indiana Supreme Court and Tax Court did not submit any opinions by IL deadline. The 7th Circuit Court of Appeals did not post any Indiana opinions by IL deadline.
Opinions Nov. 27, 2013
Indiana Court of Appeals
Diane S. Brown Bell, on behalf of herself and all others similarly situated v. The Bryant Company, Inc.
49A04-1305-PL-210
Civil plenary. Reverses dismissal of a suit seeking class action against a property management company that kept late fees paid by renters and asserted a right to do so. The court found the plaintiff likely entitled to recovery of the fees, and that at minimum the trial court erred in granting Bryant’s motion for judgment on the pleadings. Remands for proceedings, including whether class certification is appropriate.
Happy Thanksgiving from Indiana Lawyer
IL Daily will not be published Nov. 28 or 29. IBJ Media is closed in observance of the Thanksgiving holiday.
COA reversal: Property manager can’t keep renter’s late fees
A property owner’s lawsuit seeking a class action against a property management company that kept late fees paid by renters was revived by the Court of Appeals on Wednesday. The appellate panel reversed dismissal of the suit and ordered further proceedings.
Non-custodial parent must still pay arrearages to cover funeral expenses
An emancipated child will be able to collect child support arrearages to pay for her custodial parent’s funeral but she and her sibling will not be allowed to accept the remainder of the accrued support payments, ruled the Indiana Court of Appeals.
Trial court must properly exercise discretion on sentencing
Although a trial court had the ability to deny a man credit for time served, the Indiana Court of Appeals ruled the lower court did not follow proper procedure when it granted actual days credit.
Mother who was abused may be required to help fund father’s supervised visitation
The Indiana Court of Appeals has ruled that a domestic violence victim whose earnings since have increased may have to pay for supervised child-visitation services that the father is unable to afford.
Verification letters support estoppel argument
A series of verification letters from a subcontractor to a contractor provided the grounds for the doctrine of promissory estoppel from being applied to commercial transactions.
Judges divided over complicated issue of wrongful-death attorney fees
A complex and complicated case regarding whether attorney fees awarded from the Indiana Patient’s Compensation Fund are capped at 15 percent led to a split in the Indiana Court of Appeals. The majority decided that the cap does not apply to the calculation of excess damages of any type from the fund.
Prosecutor’s ‘CSI’ remarks don’t reverse molestation conviction
A prosecutor’s comments to a prospective juror comparing the evidence needed for a conviction to that seen in a typical “CSI” television show weren’t fundamental error, a Court of Appeals panel ruled in affirming a man’s child-molestation conviction.
Malpractice complaint hobbled by ongoing foot pain
A woman who suffered with a troubled toe for four years got her medical malpractice claim booted by the Indiana Court of Appeals for waiting too long to file the complaint.