Disgraced ‘Nose Doctor’ keeping lawyers busy
Dr. Mark Weinberger’s silence on 350 medical malpractice claims is providing unique experience for Indiana law firms.
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Indianapolis prevails in US high court on sewer tax case; residents, attorneys stung
Thirty-one Indianapolis property owners who paid as much as 30 times more than their neighbors for sewer service got resolution from the U.S. Supreme Court in their lawsuit against the city. They lost.
Indiana Court Decisions – May 30 to June 13, 2012
Read for publication opinions from the Indiana appellate courts and 7th Circuit Court of Appeals.
Filial statutes create questions about duty to support
A recent Pennsylvania court decision has spurred discussion among elder law attorneys about when an adult child may be found financially responsible for a parent’s long-term medical care.
Embracing elder law
As the general population ages, younger lawyers are attracted to serving seniors.
Indiana’s texting ban difficult to enforce
Police have issued few citations to motorists during the statute’s first year and there are questions whether the law is a deterrent.
Indiana Court of Appeals finalists chosen
The governor has two months to name successor to Judge Carr Darden.
Lawyer-pilot named Aviator of the Year
Rod Taylor’s charitable efforts have raised millions for one Indiana hospital.
Court of Appeals upholds murder convictions
A man convicted of two murders failed in his appeal to the Indiana Court of Appeals, which ruled Monday that a Lake Superior Court did not err in allowing testimony about conflicting statements in reference to the fatal shootings.
Judges reduce award of damages to fired school employee
The Indiana Court of Appeals ruled that a fired bus driver and custodian for Peru Community Schools is entitled to damages for wrongful termination, but not the $175,000 a jury awarded him.
Opinions June 18, 2012 ILD
Indiana Supreme Court and Indiana Tax Court had issued no opinions by IL deadline.
Indiana Court of Appeals
Sandra Mourfield v. Melvin Mourfield (NFP)
48A05-1111-DR-666
Domestic relation. Reverses trial court’s grant of father’s petition to modify child support, holding the father’s retirement and reduced income were a result of his intentional criminal misconduct. Remands for the trial court to enter a new order reflecting father’s original child support obligation.
Corey Weaver v. State of Indiana (NFP)
49A04-1111-CR-612
Criminal. Reverses and remands with instructions to vacate either Class D felony criminal confinement or Class D felony pointing a firearm, along with the corresponding sentence, holding that the two charges arose from the same offense. Affirms the trial court in all other regards.
Indiana State Police v. Earnest Howard, Jr. (NFP)
45A04-1110-MI-568
Miscellaneous. Holds the trial court’s order overturning the decision of an Administrative Law Judge was in error, as was its denial of Indiana State Police’s motion to dismiss Howard’s petition. Reverses and remands to the trial court to reinstate the ALJ’s decision.
Courtney G. Tressler v. State of Indiana (NFP)
16A05-1112-CR-699
Criminal. Affirms 10-year executed sentence for Class B felony neglect of a dependant.
In Re the Term. of the Parent-Child Rel. of J.L.S., N.S., and M.S.; and A.S. and D.F., and J.S. v. The Indiana Dept. of Child Services (NFP)
79A02-1111-JT-1123
Juvenile. Affirms termination of parental rights for mother and the two fathers of her three children.
Kevin Perry v. State of Indiana (NFP)
49A05-1111-CR-575
Criminal. Affirms conviction of Class A misdemeanor battery.
Filmcraft Laboratories, Inc. v. 5200 Keystone Limited Realty, LLC (NFP)
49A02-1107-CT-676
Civil tort. Reverses trial court’s grant of summary judgment against Filmcraft Laboratories, holding that a Continuing Guaranty agreement does not show that Filmcraft would be liable for environmental clean-up costs. Affirms the trial court in other regards.
William Capps, Jr. v. State of Indiana (NFP)
29A02-1108-CR-694
Criminal. Reverses trial court’s decision to deny Capps’ motion for a directed verdict and remands for the court to vacate the conviction of and sentence for Class C felony battery and to enter a judgment of conviction for and sentence on the inherently included offense of Class A misdemeanor battery.
Tina R. Like Simmons v. State of Indiana (NFP)
63A05-1111-CR-615
Criminal. Affirms convictions of Class C felony neglect of a dependant, Class D felony possession of methamphetamine and Class D felony maintaining a common nuisance.
Opinions June 18, 2012
7th Circuit Court of Appeals
Joseph Agnew v. NCAA
United States District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
11-3066
Civil. Affirms District Court’s dismissal of lawsuit against the NCAA, holding plaintiffs failed to show that the NCAA’s policies limiting athletic scholarships violate the Sherman Act, because the case does not present for discussion the existence of a student athlete labor market.
Appeals court reverses summary judgment in business ownership dispute
The Indiana Court of Appeals on Monday reversed summary judgment in favor of defendants in a dispute involving ownership of a business.
Plaintiffs fail to prove NCAA violated Sherman Act
The 7th Circuit Court of Appeals affirmed a District Court in dismissing a lawsuit two former college athletes brought against the National Collegiate Athletic Association.
SCOTUS enters term’s final weeks; issues 4 opinions
The U.S. Supreme Court on Monday issued opinions on four cases.
WellPoint agrees to $90M settlement with former Anthem members
Indianapolis-based WellPoint Inc. has agreed to pay $90 million to settle a class-action lawsuit brought on behalf of more than 700,000 former members of Anthem Insurance Cos. Inc., lawyers for the plaintiffs said Friday afternoon.
Opinions June 15, 2012 ILD
7th Circuit Court of Appeals posted no Indiana opinions prior to IL deadline.
Indiana Supreme Court and Tax Court posted no opinions prior to IL deadline.
Today's Opinions:
Indiana Court of Appeals
Otoniel Muro-Esparza v. State of Indiana (NFP)
79A05-1111-CR-589
Criminal. Affirms convictions of and sentences for Class B felonies conspiracy to commit robbery and robbery, and Class D felony theft.
Dale Douglas Perkins, Jr. v. State of Indiana (NFP)
16A01-1112-CR-603
Criminal. Affirms sentence for Class D felony operating a motor vehicle while intoxicated and Class D resisting law enforcement.
Opinions June 15, 2012
Indiana Court of Appeals
David Ashabranner v. Sandy Wilkins, f/k/a Ashabranner
22A01-1109-DR-411
Domestic relations. Affirms in part and remands in part. Affirms the trial court’s denial of emancipation of a child and remands for recalculation of child support payments, adjusting to include payment from the mother as well as the father.
Court affirms guilty but mentally ill sentence in DUI, resisting case
A six-year sentence for a man who fled from Greensburg police while intoxicated, crashed his van, injured his passenger and ran from the scene was affirmed Friday by the Indiana Court of Appeals.
Appeal affirms denial of emancipation; includes mother in support
The Indiana Court of Appeals affirmed a Floyd Superior Court ruling denying emancipation of a 19-year-old, but sent the case back to the trial court for recalculation of her support payments to include her mother as well as her father.