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Drugmaker settlement nets state $793K

Indiana will collect $793,000 in reimbursement to the Medicaid program as part of a nationwide settlement of claims that the pharmaceutical company Amgen Inc. illegally marketed drugs, offered doctors kickbacks and submitted ineligible claims for payment.

Opinions Dec. 19, 2012 ILD

Indiana Court of Appeals
Larry Garmon v. State of Indiana (NFP)
48A02-1202-PC-170
Post conviction. Affirms denial of petition for post-conviction relief.

Toby Hicks v. State of Indiana (NFP)
49A02-1104-CR-328
Criminal. Affirms convictions of murder and Class C felony robbery.

Sandra R. Peters v. Wal-Mart (NFP)
93A02-1207-EX-562
Agency appeal. Affirms denial of claim for workers’ compensation benefits.

Toni L. Woods v. State of Indiana (NFP)
48A05-1204-CR-203
Criminal. Affirms order Woods serve half of her previously suspended sentence following a probation violation.
 

Opinions Dec. 19, 2012

7th Circuit Court of Appeals
Norman W. Bernstein, et al. v. Patricia A. Bankert, et al. and Auto Owners Mutual Insurance Co.
11-1501, 11-1523
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard L. Young.
Civil. Reverses dismissal of counts I, II, III and VII. In Count I, the trustees have made a timely CERCLA claim, under 42 U.S.C. § 9607(a)(4)(B), to recover costs incurred pursuant to the 2002 AOC. The trustees’ Count II “companion claim” for a declaratory judgment of CERCLA liability is therefore also reinstated. Finds that the Indiana ELA claim contained in Count III is timely, and that the declaratory judgment claim contained in Count VII is not moot. The District Court committed no abuse of discretion in its handling of the summary judgment briefing process. Finally, affirms the District Court’s denial of Auto Owners’ motion for summary judgment on preclusion grounds. The trustees’ suit is reinstated and remanded for further proceedings consistent with this opinion.

Judges reinstate administrative order to refund excessive title insurance premiums

After finding a trial court exceeded its authority when it reweighed evidence presented to a hearing officer regarding overcharging of title insurance premiums by several agencies, the Indiana Court of Appeals reinstated the administrative order issued by the Indiana commissioner of insurance to refund excessive premiums.

COA orders continuation of insurer’s case against tenant

Because Indiana law does not currently preclude a landlord’s insurer from bringing a subrogation claim against a tenant and a landlord’s complaint established a set of circumstances under which it would be entitled to relief, the Court of Appeals reversed the grant of a tenant’s motion to dismiss. The landlord’s insurer filed a subrogation action against the tenant after a fire started on her patio.

Justices reinstate 80-year sentence

Disagreeing with the Court of Appeals, which ordered a convicted child molester’s sentence cut in half, the Indiana Supreme Court reinstated John Kimbrough III’s 80-year aggregate sentence for molesting his former girlfriend’s two young daughters.

Hospital wins on uninsured patients’ appeal of rates charged

The Indiana Supreme Court ruled in favor of a hospital’s motion to dismiss a complaint brought by uninsured patients regarding the rates charged by the hospital, finding the patients’ complaint failed to state facts on which the trial court could have granted relief.

State could refile charges against Bunch

Although arson and murder charges were dismissed against Kristine Bunch Tuesday in Decatur County, prosecutors may decide to refile charges after further investigation.

Applications being accepted for St. Joseph Superior Court

Those interested in joining the St. Joseph Superior bench have until Jan. 18 to apply to the court’s nominating commission. The applicant chosen will replace Judge Roland Chamblee Jr., who is retiring in March.

Rush robing ceremony set

Indiana Supreme Court Justice Loretta Rush’s formal robing ceremony will take place at 10 a.m. Friday, Dec. 28 in the Supreme Court Courtroom at the Statehouse.

Opinions Dec. 18, 2012 ILD

7th Circuit Court of Appeals issued no Indiana opinions, and the Indiana Supreme Court and Tax Court issued no opinions, prior to IL deadline.

Indiana Court of Appeals
Dan Stranahan v. Debra Haines (NFP)
52A02-1205-DR-399
Domestic relation. Reverses denial of Stranahan’s petition to terminate maintenance obligation and remands with instructions for the court to enter an order granting Stranahan’s petition.

Trenton Jones v. State of Indiana (NFP)
71A03-1112-CR-594
Criminal. Affirms refusal to give instruction to jury on involuntary manslaughter and finds the state produced sufficient evidence to sustain Jones’ conviction of murder.

Michael Dominique v. State of Indiana (NFP)
34A02-1205-CR-424
Criminal.  Affirms sentence for Class C felonies battery resulting in serious bodily injury and burglary. Remands for a correction to the sentencing order.
 

Opinions Dec. 18, 2012

Indiana Court of Appeals
Timothy Schepers v. State of Indiana
22A01-1201-CR-39
Criminal. Affirms on interlocutory appeal a trial court denial of a motion to dismiss several drug charges and a Class C felony count of neglect of a dependent. The court held that Schepers’ filing of a pro se motion for a speedy trial and motion to dismiss for violation of Criminal Rule 4 were filed while he was represented by a public defender and that he did not clearly and unequivocally assert his right to self-representation. Remands cause for trial.

AG’s office sues 2 foreclosure consultants

The Office of the Indiana Attorney General has filed lawsuits against two foreclosure consultant companies that took more than $2,600 from Indiana homeowners without providing services or refunds.