Fishers company loses Marilyn Monroe court appeal
CMG Worldwide, an intellectual property licensing firm in Fishers, has lost a federal court appeal related to ownership of iconic images of Marilyn Monroe.
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Suit challenging construction of asphalt plant timely filed
The Indiana Court of Appeals determined that the Jeffersonville director of planning and zoning and the city building commissioner are public officers under Indiana Code 34-11-2-6. The judges discovered there is no state law defining public officer under this statute.
Teen loses on appeal negligence suit filed for softball injury
A Wabash County YMCA proved it was entitled to summary judgment on a negligence claim filed by a 17-year-old teen injured while sliding into a base during a softball game on property owned by the YMCA, the Indiana Court of Appeals held.
Opinions Aug. 31, 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
Roderick Vandrell Lewis v. State of Indiana (NFP)
02A03-1201-CR-18
Criminal. Affirms convictions of two counts of felony murder.
Carroll S. Channell, Trustee of the Revocable Living Trust of Carroll S. Channell dated August 21, 2000, et al. v. Tim Moffatt and Bill Moffatt (NFP)
59A04-1112-PL-664
Civil plenary. Affirms pre-trial order resolving all pending motions in an action originally brought to quiet title to real estate located in Orange County. Remands for further proceedings.
Jeremy Lamar Lloyd v. State of Indiana (NFP)
45A04-1202-CR-79
Criminal. Affirms sentences for two counts of Class C felony burglary.
Term. of the Parent-Child Rel. of S.S., minor child, and D.S., mother, and W.S., father; D.S. and W.S. v. Indiana Dept. of Child Services (NFP)
53A05-1112-JT-673
Juvenile. Affirms involuntary termination of parental rights.
B.C. v. State of Indiana (NFP)
15A01-1202-JV-68
Juvenile. Vacates order B.C. register as a sex offender as the order was premature and remands with instructions.
Opinions Aug. 31, 2012
Indiana Court of Appeals
Seabrook, Dieckmann & Naville, Inc. v. Review Board of the Indiana Dept. of Workforce Development and Monica Hilbert
93A02-1202-EX-100
Agency action. Reverses board’s conclusion that Hilbert’s employment was not terminated for just cause. Based on the evidence and testimony, Seabrook Dieckmann & Naville showed that Hilbert breached a duty in connection with work which was reasonably owed to her employer and her conduct was of such a nature that a reasonable employee would understand that the conduct was a violation of a duty owed to the funeral home. Remands for further proceedings.
Massa appointed chair of St. Joe judicial nominating commission
Indiana Chief Justice Brent Dickson has appointed Justice Mark Massa chairman of the St. Joseph Superior Court Judicial Nominating Commission. Massa is filling the vacancy left by former Justice Frank Sullivan, who recently left the bench to teach.
Woman fails to prove animal fighting statute is unconstitutionally vague
A Marion County woman failed to carry her “heavy burden” of proving that Indiana Code 35-46-3-10, which governs dog fights, is unconstitutionally vague, the Court of Appeals ruled Friday.
Judges: employee discharged for just cause
The Indiana Court of Appeals reversed the finding by an administrative law judge and the Indiana Department of Workforce Development that an employee of a funeral home was fired for just cause.
DCS admits petition flawed; COA orders more proceedings
The Gibson Circuit Court committed fundamental error in terminating the parental rights of a mother and father over their young child, the Indiana Court of Appeals held Friday. The Department of Child Services admitted that it failed to comply with statute when filing the petition to terminate their parental rights.
Pharmacy owner pleads guilty to $3.5M in Medicaid fraud
A West Lafayette pharmacy owner was sentenced to four years and 9 months in federal prison for defrauding the state’s Medicaid program. He was also ordered to repay Medicaid and pay taxes owed.
Indiana will receive $4.5M in off-label marketing settlement
Indiana Attorney General Greg Zoeller announced Thursday that the state will get nearly $4.5 million from Janssen Pharmaceuticals Inc. to settle claims that the company illegally marketed its drug, Risperdal.
Opinions Aug. 30, 2012 ILD
Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Michael Kern v. State of Indiana (NFP)
35A02-1108-MI-903
Miscellaneous. Affirms denial of Kern’s petition for writ of habeas corpus.
Keith Allen Abell v. State of Indiana (NFP)
45A03-1202-CR-77
Criminal. Affirms aggregate 36-year sentence for various convictions, including Class B felony attempted rape and Class B felony attempted criminal deviate conduct.
Leroy Hall v. State of Indiana (NFP)
49A04-1202-PC-68
Post conviction. Affirms denial of petition for post-conviction relief.
Chris B. Davis v. Rhonda S. Davis (NFP)
54A01-1201-DR-24
Domestic relation. Affirms denial of Chris Davis’ petition to modify custody.
Danielle Kelly v. State of Indiana (NFP)
30A01-1112-CR-584
Criminal. Affirms denial of motion to suppress.
In the Matter of the Commitment of D.W. v. Wishard Health Services Midtown Mental Health (NFP)
49A02-1201-MH-13
Mental health. Affirms temporary involuntary commitment to mental health facility.
Tommy Goldman v. State of Indiana (NFP)
31A01-1202-CR-75
Criminal. Affirms sentence imposed following probation revocation.
Opinions Aug. 30, 2012
7th Circuit Court of Appeals
Sung Park v. Indiana University School of Dentistry, et al.
11-1933, 11-2109
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms dismissal for failure to state a claim in Park’s suit alleging equal protection and due process violations and claims for state law breach of contract. She has no state law claim for breach of contract, and Park has not identified a protectable property interest.
Case arising out of molestation not reported by DCS divides court
A lawsuit brought by parents against the Department of Child Services and Evansville Police Department for not informing them of their daughter’s molestation led each judge on the Court of Appeals panel to write his or her own opinion. The only thing the judges agreed on is that the police department is not a proper party to the case.
Dismissed dental student loses suit against IU
The Indiana University School of Dentistry student kicked out of the program because of failing grades and allegations of professional misconduct lost her lawsuit because of failure to state a claim.
Trial court erred in land survey dispute
Although a Starke Circuit Court correctly rejected a legal survey performed on land owned by a trust, the special judge did err by imposing two prior surveys to establish boundary lines of the property, the Indiana Court of Appeals held.
Mining company an insured under contractor’s policy
The mining company that hired a truck company as a contractor is considered an insured under the truck company’s insurance policy with regards to an injured trucking employee, the Indiana Court of Appeals ruled.
Bankruptcy Court amends some rules, seeks comment on others
The judges in U.S. Bankruptcy Court in the Southern District of Indiana have amended local bankruptcy rules, with the changes taking effect Oct. 1. The court is also considering the addition of five local rules.
Mom’s conviction due to child’s school absences upheld
The Indiana Court of Appeals concluded that an Indianapolis mother was not unlawfully denied a right to a jury trial on her Class B misdemeanor failure to ensure school attendance charge.
7th Circuit vacates habeas petition, orders further proceedings
Although a District Court’s grant of the habeas petition of a man claiming he didn’t have an impartial jury was reversed by the 7th Circuit Court of Appeals, the case was sent back to the lower court for the state to show that the jury was not prejudiced.