Law firms pursue BP bad-gas class action
One Indiana firm has filed a class-action lawsuit against BP in the wake of the company's gasoline recall in northwest Indiana. Two other law firms are pursuing a possible class-action suit.
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Opinions Aug. 24, 2012 ILD
7th Circuit Court of Appeals issued no opinions by IL deadline.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline.
Indiana Court of Appeals
MSKTD & Associates, Inc. v. CCJ Enterprises, LLC, Jeffrey Sassmannshausen, Loretta Sassmannshausen, Salin Bank & Trust Company (NFP)
02A04-1202-PL-101
Civil plenary. Affirms summary judgment in favor of defendants.
Opinions Aug. 24, 2012
Indiana Court of Appeals
MSKTD & Associates, Inc. v. CCJ Enterprises, LLC, Jeffrey Sassmannshausen, Loretta Sassmannshausen, Salin Bank & Trust Company (NFP)
02A04-1202-PL-101
Civil plenary. Affirms summary judgment in favor of defendants.
Updated instructions aim to prevent social media use during trial
Federal judges have new guidelines for keeping Twitter and Facebook out of the jury box.
Steak ’n Shake loses appeal over franchisee’s independent pricing
A longtime Steak ’n Shake franchisee who sued the chain after it insisted on setting prices for menu items prevailed again Friday as the 7th Circuit Court of Appeals affirmed an Illinois federal court’s ruling in the franchisee’s favor.
Opinions Aug. 23, 2012 ILD
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Arnie Cook v. Greeno Insurance, Inc., and Carl Greeno, Jr. (NFP)
34A02-1203-PL-199
Civil plenary. Affirms grant of summary judgment in favor of Greeno Insurance Inc. in Cook’s action against Greeno Insurance and Greeno Jr alleging interference with a business relationship and breach of fiduciary duty.
Krista C. (Wilson) Williams v. Philip S. Wilson (NFP)
41A01-1111-DR-541
Domestic relation. Remands for trial court to reconsider its decision regarding the timing of supervised visitation and affirms in all other respects.
Brian C. Hostetler v. State of Indiana (NFP)
47A05-1112-CR-659
Criminal. Affirms conviction of Class C felony battery by means of a deadly weapon.
Opinions Aug. 23, 2012
Indiana Court of Appeals
Konrad Motor and Welder Service, Inc., Konrad Lambrecht, and Sharon Lambrecht v. Magnetech Industrial Services, Inc.
45A04-1203-CC-109
Civil collection. Reverses summary judgment for Magnetech and piercing Konrad Electric’s corporate veil because there are genuine issues of material fact. Affirms summary judgment for Magnetch on whether Konrad Motor and Welder Service is the alter ego of Konrad Electric. Remands for determination whether Konrad Electric’s corporate veil should be pierced and liability imposed upon the Lambrechts. If pierced, Konrad and Sharon Lambrecht may be held individually liable. Judge Crone concurs in part and dissents in part.
IUPUI names McKinney dean search committee members
Indiana University-Purdue University Indianapolis Chancellor Charles R. Bantz announced the names of 14 people who will serve on a committee that will conduct a national search for Indiana University Robert H. McKinney School of Law’s next dean. Dean Gary Roberts has announced that he will retire as dean in June 2013.
Judges disagree over use of summary judgment to pierce corporate veil
One Court of Appeals judge believed the “only reasonable inference” that could be drawn from the evidence in a collections case is that a former company was a “sham corporation,” so the trial court properly pierced the corporate veil on summary judgment.
7th Circuit rules trial attorneys not ineffective
The 7th Circuit Court of Appeals declined to find a defendant's trial attorneys' representation objectively deficient or ineffective pertaining to how they handled a man’s sentencing hearing.
Bunch freed after 16 years in prison
Kristine Bunch, the woman who claimed she was wrongfully convicted of killing her son in a fire in 1995, was released from prison following a bond hearing Wednesday in Decatur County. The Indiana Court of Appeals reversed her convictions and ordered a new trial on the murder charge.
Alternate juror’s comment doesn’t entitle man to new trial
A trial court properly determined an alternate juror’s alleged conduct posed only a remote risk of prejudice, and the judge’s admonishment of that juror was not an error, the Indiana Court of Appeals held.
Father’s confession shouldn’t have been admitted at trial
The Indiana Court of Appeals reversed a father’s conviction of child molesting related to his daughter, finding his confession, which was admitted into evidence at trial, was obtained in violation of Miranda protocol.
Court addresses use of epidemiological evidence in med mal cases
The Indiana Court of Appeals held that the trial court ruled correctly when it did not allow certain epidemiological evidence by a plaintiff’s expert witness in a medical malpractice lawsuit, but the court stopped short of saying this type of evidence could never be admitted in a medical malpractice case.
Opinions Aug. 22, 2012 ILD
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Gregory L. Brown v. Review Board of the Indiana Dept. of Workforce Development, and H & H Mechanical of Michiana LLC (NFP)
93A02-1202-EX-133
Agency action. Affirms denial of unemployment benefits.
Dennis Ogutu v. State of Indiana (NFP)
71A03-1202-CR-98
Criminal. Affirms conviction of Class A misdemeanor neglect of a dependent.
In Re: The Term. of the Parent-Child Rel. of: C.H. and G.H., and G.H. and J.H. v. Indiana Dept. of Child Services (NFP)
79A02-1112-JT-1203
Juvenile termination. Affirms termination of parental rights.
In the Matter of T.B., A Child Alleged to be a Delinquent Child v. State of Indiana (NFP)
65A04-1203-JV-146
Juvenile. Affirms order requiring T.B. register as a sex offender.
Tacuma G. Wolfe v. State of Indiana (NFP)
18A05-1111-CR-604
Criminal. Affirms conviction of Class B felony dealing in cocaine.
Kenneth W. Wegener v. State of Indiana (NFP)
34A05-1202-PC-47
Post conviction. Affirms denial of petition for post-conviction relief.
Steven D. Powell v. State of Indiana (NFP)
45A03-1201-CR-2
Criminal. Affirms sentence for Class B felony dealing in cocaine and Class C felony attempted battery.
Michael A. Ayers v. State of Indiana (NFP)
20A03-1201-CR-52
Criminal. Affirms conviction of Class A felony attempted murder.
Ivan Brown v. State of Indiana (NFP)
71A04-1201-CR-24
Criminal. Affirms conviction of Class B felony burglary.
Opinions Aug. 22, 2012
Indiana Court of Appeals
Ashley T. Tucker v. Michelle R. Harrison, M.D.
79A05-1108-CT-404
Civil tort. Affirms judgment in favor of Dr. Harrison on Tucker’s medical malpractice complaint. The trial court did not abuse its discretion in excluding Tucker’s expert testimony, limiting her questioning of a witness about possible bias, or in instructing the jury.
Indiana pleased with decision to vacate EPA Transport Rule
The split decision by the U.S. Court of Appeals for the District of Columbia Circuit to vacate the Environmental Protection Agency’s Cross-State Air Pollution Rule because of federal law violations is “great news” for Indiana, Gov. Mitch Daniels said.
IndyBar hosting free electronics recycling drive
Have an old computer, cell phone, or other electronics lying around your house or office that you’d like to get rid of? This Friday, you can drop off those items at a free drive-thru e-cycling event sponsored by the Indianapolis Bar Association.
Pyle to join Court of Appeals Aug. 27
The Indiana Court of Appeals announced Tuesday that its newest judge, Rudolph Pyle III, will take the oath of office in a private ceremony Aug. 27.
Opinions Aug. 21, 2012 ILD
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Gary Watts v. State of Indiana (NFP)
49A02-1201-CR-24
Criminal. Affirms conviction of Class D felony theft.
Michael Cochran v. State of Indiana (NFP)
04A03-1201-PC-20
Post conviction. Affirms denial of petition for post-conviction relief.
Freddie Boggess v. State of Indiana (NFP)
75A03-1112-CR-581
Criminal. Affirms convictions of Class B felony dealing in methamphetamine, Class D felony possession of chemical reagents or precursors with intent to manufacture, Class A misdemeanor driving while suspended, and Class B misdemeanor false informing.
Brandon E. Klein v. K.J. (NFP)
79A02-1112-PO-1157
Protective order. Affirms protective order issued against Klein.
Mark Williams v. State of Indiana (NFP)
49A04-1201-CR-4
Criminal. Affirms order Williams serve entire sentence that was suspended at the time of initial sentencing.
Leonard Dewitt v. State of Indiana (NFP)
15A01-1202-PC-63
Post conviction. Affirms denial of petition for post-conviction relief.
Cody Hunt v. State of Indiana (NFP)
35A05-1112-CR-677
Criminal. Affirms conviction of Class D felony battery of a child less than 14 years of age by someone older than 18.
Gregory Vories v. State of Indiana (NFP)
42A04-1201-CR-32
Criminal. Dismisses Vories’ appeal of the denial of his motion for modification of bond.
Reginald Lee v. State of Indiana (NFP)
49A02-1112-CR-1127
Criminal. Affirms convictions of Class B felony robbery and Class D felony auto theft.
Michael Timothy Dean v. State of Indiana (NFP)
73A01-1112-CR-624
Criminal. Affirms conviction of attempted obstruction of justice as a Class D felony.
Christopher Davis v. State of Indiana (NFP)
49A04-1201-CR-19
Criminal. Affirms revocation of probation and execution of previously suspended sentence.
Bruce William Lee v. State of Indiana (NFP)
02A04-1204-CR-173
Criminal. Affirms sentence for Class D felony failure to register as a sex or violent offender.
John Norton, Jr. v. State of Indiana (NFP)
5A04-1202-CR-99
Criminal. Affirms sentence for Class B felony burglary.
Giorgio E. White v. State of Indiana (NFP)
02A03-1201-CR-51
Criminal. Affirms conviction of Class C felony carrying a handgun without a license.