FedEx wins reversal of jury’s $66M award to ATA
FedEx Corp. has won an appeal that overturns a $66 million verdict in favor of defunct Indianapolis airline ATA Airlines Inc.
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2 charged with making fraudulent claims to collect State Fair funds
Two women face charges – including forgery and theft – for filing false claims with the Indiana State Fair Remembrance Fund and the Indiana Tort Claim Fund, the Marion County Prosecutor’s Office announced Tuesday.
AG to appeal secretary of state ineligibility case
Indiana Attorney General Greg Zoeller will appeal on behalf of the Indiana Recount Commission the decision by a judge that found Secretary of State Charlie White ineligible to run for office.
Appeal planned on judge’s order to remove secretary of state
Marion Circuit Judge Lou Rosenberg ruled Wednesday that Indiana Secretary of State Charlie White was ineligible to be a candidate for the state office in the November 2010 election because he allegedly committed voter fraud. Now, an appeal is being planned and many believe the case is on a fast-track to the state’s highest court.
Justices to consider certified question on municipal reorganization
The Indiana Supreme Court has accepted a certified question from a federal judge in Indianapolis that asks whether a township can reorganize into a city in a way that deprives some residents of their statutory rights to vote for mayor and city council.
ACLU says DOC should be held in contempt over kosher meals
The American Civil Liberties Union of Indiana is asking a federal judge to hold the state’s Department of Correction in contempt for not offering inmates kosher meals as it had been ordered to do a year ago.
Holiday closures Dec. 23 and 26
The Indiana courts are closed Friday, Dec. 23, and Monday, Dec. 26, in observance of the Christmas holiday, and there will be no appellate opinions. The federal courts are open Friday and closed on Monday.
The offices of IBJ Media are closed on Monday, and there will be no IL Daily. Distribution of IL Daily will resume on Tuesday, Dec. 27.
Happy Holidays from the staff of the Indiana Lawyer.
Judge rules Charlie White ineligible for candidacy
A Marion County judge has ruled that Secretary of State Charlie White was ineligible to be a candidate and the office should go to Democrat Vop Osili, his challenger in the 2010 election.
7th Circuit rules school provided appropriate public education
Hamilton Southeastern Schools has prevailed on appeal that it does not have to reimburse two parents for their son’s special education at another institution because they claimed the school system wasn’t providing a free appropriate education to their son, who had a traumatic brain injury.
Opinions Dec. 22, 2011 ILD
Indiana Court of Appeals
James Lowery v. State of Indiana (NFP)
15A05-1106-CR-296
Criminal. Affirms sentence following guilty plea to manufacture of more than 10 pounds of marijuana as a Class C felony.
Gary J. Harrison v. Linda Turner and Deborah Hric (NFP)
46A05-1101-PL-46
Civil plenary. Affirms summary judgment in favor of nurses Turner and Hric.
Jeremy Dewayne Matheny v. State of Indiana (NFP)
87A05-1105-CR-260
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated.
In the Matter of the Term. of the Parent-Child Rel. of T.D.T., T.T.T., and M.T., and A.D.T. v. The Indiana Dept. of Child Services (NFP)
71A05-1103-JT-213
Juvenile. Affirms involuntary termination of father’s parental rights.
Senior Market Development, LLC and Ahren Baumgart v. Titan Financial Group, LLC (NFP)
82A01-1103-PL-138
Civil plenary. Affirms judgment awarding Titan Financial Group attorney fees and expenses on the company’s complaint for breach of contract. Remands for an assessment of appellate attorney fees against Senior Market Development and Ahren Baumgart.
Katie Herrera v. State of Indiana (NFP)
20A03-1106-CR-286
Criminal. Affirms revocation of probation.
Matthew P. Philbee v. State of Indiana (NFP)
02A05-1107-CR-340
Criminal. Affirms convictions of Class A felony child molesting, Class C felony child molesting, and Class D felony vicarious sexual gratification.
Stephen N. Kohlmeyer v. State of Indiana (NFP)
29A02-1105-CR-399
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle with ACE of 0.08 or more.
Dewayne A. Dunn v. State of Indiana (NFP)
20A05-1103-CR-160
Criminal. Affirms conviction of murder.
Mary Lou Duff v. Shawn D. Duff and Rebecca Duff (NFP)
40A05-1012-PL-755
Civil plenary. Affirms ruling that Mary Lou Duff’s complaint to recover possession of personal property is barred under the principles of res judicata.
George Parker v. State of Indiana (NFP)
49A04-1104-CR-181
Criminal. Affirms sentence following guilty plea to Class A felony dealing in cocaine.
R.S. v. State of Indiana (NFP)
49A05-1106-JV-309
Juvenile. Affirms order committing R.S. to the Indiana Department of Correction.
Roy N. Viverette, Jr. v. State of Indiana (NFP)
45A03-1105-CR-223
Criminal. Affirms sentence following guilty plea to three counts of Class B felony burglary.
Nathaniel Bobo v. State of Indiana (NFP)
45A03-1105-CR-224
Criminal. Affirms sentence following guilty plea to Class B felony aggravated battery.
Curtis W. Birner v. State of Indiana (NFP)
52A02-1104-CR-462
Criminal. Affirms sentence following guilty plea to Class C felonies carrying a handgun without a license and intimidation.
Valgene Royal v. State of Indiana (NFP)
64A04-1105-CR-283
Criminal. Dismisses appeal of the trial court’s denial of Royal’s motion for sentence modification.
Term. of Parent-Child Rel. of T.C. and K.N.; A.N. (Mother) and J.C. (Father) v. Indiana Dept. of Child Services (NFP)
72A01-1104-JT-249
Juvenile. Affirms termination of parental rights.
Nicole Nelson v. Review Board of Workforce Development and Madison Center, Inc. (NFP)
93A02-1105-EX-431
Agency appeal. Affirms dismissal of Nelson’s appeal to the Review Board of the Indiana Department of Workforce Development on the grounds she didn’t timely file it.
Shawn Thomas v. State of Indiana (NFP)
39A04-1105-CR-259
Criminal. Affirms denial of motion for withdrawal of guilty plea.
The Indiana Supreme Court and Tax Court had posted no opinions at IL deadline.
Opinions Dec. 22, 2011
7th Circuit Court of Appeals
M.B., by his parents and next friends, Damian Berns and Amy Berns v. Hamilton Southeastern Schools and Hamilton-Boone-Madison Special Services
10-3096
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Affirms summary judgment in favor of the schools on the Berns’ suit that the schools violated the Individuals with Disabilities Education Act and the provisions relating to special education in the Indiana Administrative Code by failing to provide M.B. with a free appropriate public education. There was nothing unreasonable about the determination by the hearing officer, the Board of Special Education Appeals, and the District Court in finding that M.B. was making progress under his individualized education program. The Berns are also not entitled to reimbursement for the costs to place M.B. in a learning center or for attorney fees.
Ex-Dow Agro scientist receives 7 years for economic espionage
A federal judge on Wednesday sentenced a former Dow AgroSciences researcher to more than seven years in prison for sending trade secrets worth millions of dollars to China and Germany.
7th Circuit allows Indiana to enforce ban on out-of-state robo-calls
The 7th Circuit Court of Appeals has ruled that Indiana is allowed to enforce the statute that restricts out-of-state robo-calls while an appeal on the issue is ongoing.
Judge upholds Delaware County smoking ban
Delaware Circuit Judge Marianne Vorhees refused to strike down an ordinance passed this summer by the county commissioners that enhanced the county’s smoking ban by prohibiting smoking in bars and private clubs. In her ruling Wednesday, she said those who are unhappy with the ordinance should use the political process to try to change it.
Court upholds finding man committed crime of domestic violence
The Indiana Court of Appeals affirmed the finding that a defendant committed a crime of domestic violence, which then made it illegal for him to possess a firearm in the future. The judges determined there was enough evidence to support the finding that the defendant and the victim were in a dating relationship, a key element in the charge.
Governor appoints Warsaw woman to Judicial Nominating Commission
Indiana Gov. Mitch Daniels has appointed Jean Northenor, of Warsaw, to the Indiana Judicial Nominating Commission.
Bingham McHale merging with Louisville firm
Indianapolis-based law firm Bingham McHale will merge with Louisville-based law firm Greenebaum Doll & McDonald, a regional firm that explored the possibility of merging with another Indiana firm three years ago.
Opinions Dec. 21, 2011 ILD
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Court of Appeals
Hans Maldonado v. State of Indiana (NFP)
29A05-1104-CR-231
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated.
Dominick L. Wilson v. State of Indiana (NFP)
45A04-1105-CR-219
Criminal. Affirms sentence following guilty plea to Class A felony voluntary manslaughter.
Arthur D. Miles v. State of Indiana (NFP)
49A02-1104-PC-320
Post conviction. Affirms sentence following guilty plea to Class B felony dealing in cocaine.
Thomas Aufiero v. Daniel Ricks (NFP)
79A04-1107-PO-350
Protection order. Affirms entry of the protective order. Reverses order with respect to the provision limiting Aufiero from being present on the premises of Ricks’ place of employment and remands for reconsideration of that provision’s scope.
Jesse J. Dixon v. State of Indiana (NFP)
35A05-1003-CR-822
Criminal. Affirms convictions of and sentence for two counts of Class A felony child molesting and one count of Class C felony child molesting.
Lyndon J. Woodward v. State of Indiana (NFP)
02A05-1104-CR-219
Criminal. Affirms convictions of possession of paraphernalia as a Class A misdemeanor and two counts of Class D felony possession of a controlled substance.
Michael A. Caputo v. State of Indiana (NFP)
03A01-1103-PC-123
Post conviction. Affirms denial of petition for post-conviction relief.
The Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Opinions Dec. 21, 2011
Indiana Court of Appeals
Hans Maldonado v. State of Indiana (NFP)
29A05-1104-CR-231
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle while intoxicated.
Bingham McHale merging with Louisville-based law firm
Indianapolis-based Bingham McHale is merging with the regional law firm Greenebaum Doll & McDonald effective Jan. 2, the two firms announced Wednesday morning.