Judge approves $90M for Anthem plaintiffs
A federal judge has approved the largest class-action settlement to come out of an Indianapolis court, paying $90 million to former Anthem Inc. policyholders.
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Opinions Oct. 29, 2012 ILD
The following are not-for-publication opinions released by IL deadline.
Indiana Court of Appeals
Aaron Shelton v. State of Indiana (NFP)
02A05-1112-CR-665
Criminal. Affirms convictions of one count of possession of methamphetamine and two counts of possession of a controlled substance, all Class D felonies.
Cheryl E. Webb f/k/a Cheryl E. Wilder and G. Cameron Taylor v. The Bank of New York Mellon (NFP)
49A02-1112-MF-1142
Mortgage foreclosure. Affirms order denying Wilder’s and Taylor’s motion for summary judgment and the grant of summary judgment in favor of the bank. Remands with instructions that the trial court recalculate the amount to award to the bank consistent with this opinion. Chief Judge Margret Robb dissents.
Opinions Oct. 29, 2012
Indiana Court of Appeals
Betty J. Angel v. Kent H. Powelson and Marjorie A. Powelson
82A04-1205-PL-292
Civil plenary. Affirms order granting part of the Powelsons’ summary judgment motion on Angel’s claims of reformation of a deed and adverse possession. The undisputed evidence shows that both Angel and the Powelsons were granted an easement to use the roadway and both used it for ingress and egress purposes. The evidence also supports Angel’s claim for reformation of a deed is barred by laches.
Judges amend man’s convictions due to double jeopardy violations
Because the state relied on the same evidence to convict a Marion County man of three domestic battery or battery charges, the Indiana Court of Appeals vacated two misdemeanors. The judges also found no fundamental error in his sentencing or by the prosecutor during trial.
McKinney now offering health law graduate certificate
Indiana University Robert H. McKinney School of Law has created a graduate certificate which will allow students the chance to specialize in health law.
Justices take suit involving tort claim notice
The Indiana Supreme Court will hear a case that divided the Court of Appeals on whether the victims in a car accident failed to provide notice to a government-funded agency under the Indiana Tort Claims Act.
Woman’s claim for reformation of deed fails
A Vanderburgh County woman who filed a lawsuit for reformation of a deed 46 years after receiving the warranty deed lost her appeal of a trial court ruling in favor of neighboring property owners.
Location announced for state trooper’s third murder trial
The third murder trial of former Indiana State Trooper David Camm will be held in Boone County.
Opinions Oct. 26, 2012 ILD
Indiana Supreme Court and Indiana Tax Court released no opinions by IL deadline Friday.
U.S. 7th Circuit Court of Appeals released no Indiana opinions by IL deadline Friday.
Indiana Court of Appeals
In Re the Involuntary Term. of the Parent-Child Rel. of A.P.: T.P. v. The Indiana Dept. of Child Services and Child Advocates, Inc. (NFP)
49A02-1201-JT-28
Juvenile termination of parental rights. Affirms termination of father’s parental rights.
Dennis Adkins v. Judy Saunders, Individually and d/b/a Prevention and More Herbs (NFP)
68A04-1203-CT-103
Civil tort. Affirms trial court’s grant of summary judgment and award of attorney fees in favor of Saunders and the business on Adkins’ negligence claim.
Matt D. Niblick v. State of Indiana (NFP)
90A04-1203-CR-132
Criminal. Affirms sentence for one count of Class B felony dealing in methamphetamine.
Melissa Krodel v. Douglas Krodel (NFP)
55A01-1201-DR-34
Domestic relation. Affirms award of physical and legal custody of minor children to father.
V.R. v. State of Indiana (NFP)
49A04-1204-JS-187
Juvenile. Affirms evidence was sufficient to support V.R.’s delinquency adjudication for truancy.
Zane Ziebell v. South Milford Grain Company (NFP)
57A03-1203-CC-89
Civil collection. Affirms denial of Ziebell’s motion for relief from summary judgment in favor of South Milford Grain Co. on its complaint against Ziebewll for $15,000 in damages.
Gilbert Brown v. State of Indiana (NFP)
49A02-1204-CR-254
Criminal. Affirms conviction of two counts of Class A misdemeanor battery.
Charles Chulchian v. Rivoli Center for the Performing Arts, Inc., and Indianapolis Eastside Revitalization Corp. (NFP)
49A02-1205-PL-435
Civil Plenary. Dismisses interlocutory appeal of the denial of Chulchian’s verified motion to reconsider or motion to correct errors.
Nyunt Shew v. State of Indiana (NFP)
02A03-1203-CR-134
Criminal. Affirms sentence for Class B felony aggravated battery.
Opinions Oct. 26, 2012
Indiana Court of Appeals
In Re the Involuntary Term. of the Parent-Child Rel. of A.P.: T.P. v. The Indiana Dept. of Child Services and Child Advocates, Inc. (NFP)
49A02-1201-JT-28
Juvenile termination of parental rights. Affirms termination of father’s parental rights.
Northern District taking comments on proposed rule changes
Revised rules for the U.S. District Court for the Northern District of Indiana, including a new section on local patent rules, are available for review and comment on the court’s website.
AG seeks to suspend license of pharmaceutical maker linked to meningitis outbreak
Attorney General Greg Zoeller on Friday asked the Indiana Pharmacy Board to suspend the license of a Massachusetts company whose contaminated steroid injections are linked to 43 cases of fungal meningitis and three deaths in the state.
Opponent’s claims against judge regarding killer result in disciplinary charges
The woman challenging Franklin Circuit Judge Steven Cox for his job faces seven disciplinary charges over statements attributed to her about the judge’s release of a prisoner who a year later killed five people, according to a statement Friday from the Indiana Judicial Qualifications Commission. The commission has asked for a public hearing on the charges.
Bloomington attorney enters into plea agreement
A jury trial set for this week for a Monroe County attorney accused of stealing money from clients has been cancelled because a plea agreement has been reached.
Opinions Oct. 25, 2012 ILD
7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Indiana Court of Appeals
Sharhonda Gunn v. State of Indiana (NFP)
49A02-1202-CR-157
Criminal. Affirms conviction of battery as a Class D felony.
Term. of the Parent-Child Rel. of: D.C.; M.C.; M.G.; & L.C. (Minor Children) and T.G. (mother) v. The Indiana Dept. of Child Services (NFP)
36A01-1204-JT-150
Juvenile. Affirms termination of parental rights.
William A. Jones v. State of Indiana (NFP)
40A05-1204-CR-210
Criminal. Affirms convictions of Class D felony operating while intoxicated and Class B misdemeanor false informing.
Ira W. Huth v. DKR Mortgage Asset Trust 1 (NFP)
64A03-1203-MF-117
Mortgage foreclosure. Affirms denial of Huth’s motion for relief from judgment.
Nicolette Deal v. Tyce Deal (NFP)
71A04-1204-DR-178
Domestic relation. Affirms denial of Nicolette Deal’s motion objecting to the jurisdiction of the court.
Bart Bell v. State of Indiana (NFP)
34A05-1204-CR-219
Criminal. Affirms sentence imposed following guilty plea to Class D felony theft.
Shane Harrold v. State of Indiana (NFP)
35A02-1206-PC-518
Post conviction. Affirms denial of petition for post-conviction relief.
Opinions Oct. 25, 2012
Indiana Court of Appeals
State Farm Mutual Automobile Insurance Company v. Ken Nunn Law Office
49A02-1202-CT-68
Civil tort. Reverses denial of State Farm’s motion for summary judgment on the law office’s attempt to recover attorney fees and remands for further proceedings. The law office may not seek payment of a former client’s attorney fees from State Farm under an equitable attorney fee lien or based on a theory of quantum meruit.
Law firm can’t collect attorney fees from insurer
Relying on caselaw from 1892, the Indiana Court of Appeals decided that Ken Nunn Law Office may not collect attorney fees it says are owed by a former client from a third-party insurance company following a settlement.
Supreme Court tests HD media hookup
Television stations and media organizations on Wednesday tested a new high-definition video system that could become the norm for coverage of oral arguments before the Indiana Supreme Court.
Marion Superior judge moves to bankruptcy court
Marion Superior Judge Robyn L. Moberly has been appointed to a 14-year term as United States Bankruptcy Judge for the U.S. District Court for the Southern District of Indiana. Chief Judge Frank Easterbrook of the 7th Circuit Court of Appeals announced the appointment Wednesday.
Opinions Oct. 24, 2012 ILD
7th Circuit Court of Appeals posted no opinions at IL deadline.
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Lonnie D. Covey v. State of Indiana (NFP)
90A02-1204-CR-284
Criminal. Affirms conviction and sentence for Class C felony forgery.
Lamar Herron, Jr. v. State of Indiana (NFP)
79A04-1201-CR-58
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine.
Joshua C. Johnson v. State of Indiana (NFP)
02A03-1203-CR-130
Criminal. Affirms convictions and sentence for five counts of child molesting, three as Class A felonies and two as Class C felonies; one count of Class C felony child exploitation; one count of Class D felony possession of child pornography; and two counts of Class D felony dissemination of matter harmful to minors.
Robert V. Kirts v. State of Indiana (NFP)
79A02-1202-CR-122
Criminal. Affirms convictions of Class C felonies operating a vehicle while intoxicated resulting in death and failure to stop after an accident resulting in death.