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Opinions April 4, 2013

7th Circuit Court of Appeals
Betty M. Jordan and Theodore R. Jordan v. Kelly D. Binns and U.S. Xpress Inc.
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms jury verdict in favor of Binns and his employer U.S. Xpress on the Jordans’ lawsuit filed after Betty Jordan lost both of her legs while riding a motorcycle and being hit by the tractor-trailer driven by Binns. Rejects claims on appeal that improperly admitted hearsay evidence warrants a new trial. The court found that some hearsay evidence regarding Betty Jordan’s statement that she was at fault in a motorcycle accident was improperly admitted, but it was cumulative, and other evidence presented at trial strongly favored the defendants’ position.

COA affirms dismissal for lack of personal jurisdiction

The Indiana Court of Appeals found that a Texas corporation that made a component of a dust collector that injured a Fort Wayne man did nothing more than place the screw conveyor in the stream of commerce, which supports dismissing the Texas business from a lawsuit filed here.

Trial court improperly suspended driving privileges for life

A Marion Superior Court exceeded statutory authority when it suspended a man’s driving privileges for life, the Indiana Court of Appeals has held. At the time Thomas Porter was arrested and charged, his driving privileges were suspended for life, but that was no longer the case when he was sentenced.

7th Circuit affirms defense verdict in motorcycle crash

A woman who lost her legs after an Indianapolis motorcycle crash isn’t entitled to a new trial even though hearsay evidence was improperly admitted, including her statements that the crash was her fault.

Judges rule on contractor dispute over new FBI headquarters

The Indiana Court of Appeals reversed the denial of a general contractor’s motion to stay proceedings and compel arbitration regarding disputes with subcontractors, finding general contractor Welty Building Co. LTD did not waive its right to insist upon arbitration.

Lake County murder conviction affirmed

A Lake Superior trial court did not abuse its discretion in refusing to give an accused murderer’s proposed jury instruction regarding the presumption of innocence, the Indiana Court of Appeals held.

COA orders bank’s cause of action reinstated

A Howard Superior Court erred in denying a bank’s motion for relief from the court’s quiet title decree finding the bank no longer held any interest in certain real property owned by a divorcing couple, the Indiana Court of Appeals ruled Thursday.

Evidence supports animal fighting convictions

A Shelby County man who claimed his devotion to his religious beliefs required him to breed, raise and fight gamefowl had his convictions relating to animal fighting upheld by the Indiana Court of Appeals Thursday.

Firm mergers at highest number since 2009

U.S. law firm mergers in the first quarter of this year hit a four-year high, Altman Weil Inc. announced Thursday. Twenty-one firms announced mergers and acquisitions, with most deals involving acquisitions of small law firms.

Gammage appointed magistrate in St. Joseph Circuit Court

St. Joseph Circuit Judge Michael Gotsch announced Wednesday that Andre B. Gammage will replace Elizabeth C. Hurley as magistrate judge on the court. Hurley was recently appointed to the St. Joseph Superior bench by Gov. Mike Pence.

Opinions April 3, 2013 ILD

Indiana Court of Appeals
Albert Lee Baker v. State of Indiana (NFP)
53A01-1210-CR-490
Criminal. Affirms sentence following guilty plea to Class B felony dealing in a narcotic drug.

John W. Taylor, IV v. State of Indiana (NFP)
20A03-1208-CR-365
Criminal. Affirms convictions of three counts of attempted murder, all as Class A felonies.

Benjamin A. Hankins v. State of Indiana (NFP)
18A02-1207-CR-611
Criminal. Affirms conviction and sentence for murder.

Jason R. Derry, Jr. v. State of Indiana (NFP)
20A03-1208-CR-354
Criminal. Affirms denial of motion to re-sentence following guilty plea to Class D felony possession of cocaine.

Term. of the Parent-Child Rel. of E.B., minor child, and T.S., biological father; T.S. v. Indiana Dept. of Child Services (NFP)
49A05-1208-JT-414
Juvenile. Affirms involuntary termination of parental rights.

Christopher Snyder v. Classic Restaurant Services, LLC (NFP)
29A02-1207-CT-592
Civil tort. Affirms grant of a preliminary injunction against Snyder.

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.
 

Justices divided over vacating transfer in drug case

Three of the five Indiana justices have decided that the Indiana Court of Appeals decision in Andrew Humphreys’ case challenging his habitual offender adjudication should stand, so they voted to vacate transfer granted in December.

7th Circuit: no liability insurance coverage for associate’s error

The 7th Circuit Court of Appeals agreed with a Northern District judge’s conclusion that a Dyer law firm’s professional liability insurer did not have to cover a mistake by an associate in a client’s failed business deal because the firm didn’t timely notify its insurer of a potential malpractice claim.