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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.

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.

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.

Panel affirms robbery conviction in confrontation clause appeal

A defendant who was denied the opportunity to cross-examine an expert witness who provided cell phone records placing him near the scene of a Morgantown bank robbery wasn’t deprived a fair trial, the Court of Appeals ruled Wednesday.
 

Divided Supreme Court reinstates claim DCS mishandled abuse case

Claims that the Department of Child Services was negligent in its handling of child-molestation allegations were reinstated Tuesday, when a divided Indiana Supreme Court in a 3-2 opinion reversed in part a trial court grant of summary judgment.

Federal judge blocks Indiana abortion-drug law

A federal judge Tuesday granted an injunction blocking enforcement of an Indiana law that would have required Planned Parenthood clinics that provide abortion-inducing medications to also meet the requirements of clinics that perform surgical abortions.

Ex-IMPD officer Bisard to serve 13 years

Former Indianapolis Metropolitan Police Department officer David Bisard will serve 13 years in prison for his convictions in a fatal drunken-driving crash.

SCOTUS takes ACA ‘contraception mandate’ cases

The U.S. Supreme Court on Tuesday agreed to hear two cases that could determine whether companies that provide health insurance to employees can be required under the new health care law to provide coverage for birth control.

Opinions Nov. 26, 2013 ILD

Indiana Court of Appeals
Keith Walker v. State of Indiana (NFP)
49A04-1301-PC-49
Post conviction. Affirms denial of petition for post-conviction relief.

Brian D. Hodges v. State of Indiana (NFP)
49A05-1302-CR-71
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.

Georgia Amerson, et al., v. Review Board of the Department of Workforce Development and Durham D&M, LLC. (NFP)
93A02-1301-EX-67
Agency action. Affirms decision that employee bus drivers and monitors of various school systems were not eligible for unemployment compensation because they were on unpaid vacation without remuneration because of their employer’s regular vacation policy and practice pursuant to I.C. 22-4-3-5.

Deandre Watson v. State of Indiana (NFP)
46A03-1304-CR-136
Criminal. Affirms revocation of probation.

David Jessup and Diane Jessup v. Chicago Franchise Systems, Inc. and Jag's Dough Decor d/b/a Nancy's Pizza (NFP)
29A02-1302-PL-160
Civil plenary. Affirms in part, reverses in part and remands. The trial court properly declined to modify the arbitration award, and Chicago Franchise Systems cannot be characterized as a “prevailing party” for purposes of recovery of attorney fees. However, the trial court’s order should have included the additional amount the arbitrator awarded the Jessups “over and above the net award.”

Brandon A. Scott v. State of Indiana (NFP)
82A04-1303-CR-128
Criminal. Affirms conviction of Class C felony possession of cocaine.

Kenneth Galvin v. State of Indiana (NFP)
46A03-1305-CR-174
Criminal. Affirms revocation of probation and order Galvin serve his entire previously suspended sentence in the DOC with credit for time served.

Arturo Torres v. State of Indiana (NFP)
20A03-1301-PC-17
Post conviction. Affirms denial of petition for post-conviction relief.

In Re the Marriage of Scott Roll and Carol Roll, Carol Roll v. Scott Roll (NFP)
27A02-1303-DR-247
Domestic relation. Affirms in part, reverses in part and remands. The trial court considered husband’s VA disability benefits, and did not abuse its discretion when it included wife’s health savings account as marital property. However, the trial court did err when it did not attach specific values to the assets and debts awarded to each party in its unequal distribution.

James Handy v. State of Indiana (NFP)
49A04-1303-CR-132
Criminal. Affirms conviction of Class A felony child molesting and remands for correction to the abstract of judgment.

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 Nov. 26, 2013

7th Circuit Court of Appeals
Wanda Goodpaster, et al. v. City of Indianapolis, et al.
13-1629
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard Young.
Civil. Affirms District Court’s denial of the bar owners’ request for injunctive and declaratory relief against the enforcement of the smoking ban in Indianapolis. They cannot succeed on the merits of any of their myriad claims. The injunction the bar owners sought was thus unwarranted.

Judges affirm man must pay $5,000 in attorney fees to ex-wife

An Allen County man was unsuccessful in his attempts to persuade the Indiana Court of Appeals to reverse the order he pay $5,000 in attorney fees to his ex-wife in litigation over their child’s contact with the ex-wife’s new husband.

COA: Wife of man injured at work entitled to benefits

The Indiana Court of Appeals ruled that the Indiana Worker’s Compensation Board’s decision to deny benefits to a man injured at work was unsupported by the evidence. The judges ordered a determination of the benefits that the man’s widow should receive on his behalf.

Commitment statute not unconstitutional as applied to man with brain injury

A Marion Superior Court did not violate a defendant’s due process rights in ordering his commitment to the Department of Mental Health and Addiction after finding him incompetent to stand trial. Evan Leedy suffered a traumatic brain injury in an auto accident that killed his girlfriend and injured another driver.