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Opinions Aug. 3, 2012

7th Circuit Court of Appeals
BKCAP, LLC, GRAYCAP, LLC, AND SWCAP, LLC v. Captec Franchise Trust 2000-1
11-2928, 11-3378
U.S. District Court, Northern District of Indiana, South Bend Division. Magistrate Judge Roger B. Cosbey.
Civil. Affirms ruling in favor of the borrowers’ interpretation of the prepayment premium requirements in 12 loans involving restaurants and award of prejudgment interest to the borrowers. The borrowers’ position was supported by the evidence presented at trial, and the lender is not entitled to attorney fees.

Court rules for city, water company in suit over frozen hydrants

The Indiana Court of Appeals found that the city of Indianapolis and water company – which contracts with the city to operate the water utility – are entitled to common law immunity from a lawsuit brought by a restaurant and its insurers after a fire destroyed a Texas Roadhouse restaurant.

7th Circuit upholds ruling in favor of borrowers

A dispute between a lender and subsidiaries created by a restaurant owner to refinance its debt made its way before the 7th Circuit Court of Appeals for the second time. This time, the judges ruled in favor of the borrowers.

7th Circuit affirms ruling against fired employee

Carrier Corp. had an “honest suspicion” that one of its employees was abusing his leave under the Family Medical Leave Act, so the District Court was correct in granting summary judgment for Carrier in the fired employee’s lawsuit.

Bankruptcy filings down across country, Indiana

Bankruptcy filings are down 14 percent across the country for the 12-month period ending June 30, 2012, as compared to the year ending June 30, 2011, the Administrative Office of the United States Courts reported Friday. Filings are down by at least 13 percent in Indiana courts.

Zoeller: Most claimants agree to State Fair settlement

More than 80 percent of victims who sued after the State Fair stage collapse last year say they want to participate in the $13.2 million public-private settlement negotiated between the Indiana attorney general’s office and two defendant companies, the AG’s office said Thursday.

Opinions Aug. 2, 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
David S. Healey v. State of Indiana (NFP)
02A03-1107-PC-356
Post conviction. Affirms denial of petition for post-conviction relief and petition for summary disposition.
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Kent W. Carter v. State of Indiana (NFP)
02A03-1203-CR-108
Criminal. Affirms sentence for Class D felony failure to return to lawful detention.

Joseph A. Taylor v. Alan P. Finnan (NFP)
22A04-1204-MI-197
Miscellaneous. Affirms summary denial of successive petition for post-conviction relief.

Aaron M. Spicer v. State of Indiana (NFP)
89A04-1111-CR-601
Criminal. Affirms conviction of Class A felony dealing in cocaine.

Evergreen Shipping Agency Corp. v. Djuric Trucking, Inc. (NFP)
45A03-1112-CC-575
Civil collection. Affirms summary judgment for Djuric Trucking on Evergreen Shipping’s complaint on account for charges allegedly owed under a contract between them.

 

Opinions Aug. 2, 2012

Indiana Court of Appeals
N.B. v. State of Indiana
55A01-1111-JV-574
Juvenile. Affirms determination that N.B. committed the delinquent act of reckless homicide, a Class C felony if committed by an adult. N.B. contended that the juvenile court abused its discretion in admitting his statement to the investigating officer at the evidentiary hearing. Finds the procedural safeguards set forth in the juvenile waiver statute were met.

ACLU of Indiana selects new leader

Former Indianapolis Deputy Mayor Jane Henegar has been named executive director of the American Civil Liberties Union of Indiana. She begins work immediately and will join the organization full time Sept. 4.

Judges uphold 11-year-old’s reckless homicide adjudication

The Indiana Court of Appeals affirmed a Morgan County boy’s adjudication for shooting his younger brother while the two were home alone. The 11-year-old claimed that the juvenile court abused its discretion in admitting his statement to the investigating officer at the evidentiary hearing.

Opinions Aug. 1, 2012 ILD

7th Circuit Court of Appeals issued no opinions prior to IL deadline.

Indiana Court of Appeals
Justin A. Staton v. State of Indiana (NFP)
48A02-1112-CR-1192
Criminal. Affirms revocation of probation.

Edward Lee Jackson v. State of Indiana (NFP)
82A01-1110-CR-445
Criminal. Affirms conviction of murder and attempted murder.

Dewayne Busz v. Brandi Watkins and Mike Schuh (NFP)
43A03-1202-SC-67
Small claims. Affirms trial court judgment in favor of Watkins and Schuh.

Indiana Tax Court issued no opinions before IL deadline.
 

Zoeller: Parts of immigration law can’t stand

Indiana Attorney General Greg Zoeller said Tuesday a recent U.S. Supreme Court decision that struck down most of a tough Arizona law will impact a similar immigration law signed by Gov. Mitch Daniels in 2011.

Divided justices reject opposing summary judgments in church split

Neither the trial court nor the Court of Appeals got it right in a dispute between an Evansville Presbyterian church and its former denomination when the church left over simmering disagreements on abortion and other matters of doctrine, the Indiana Supreme Court ruled in a 3-2 decision.