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Opinions Oct. 3, 2011

7th Circuit Court of Appeals
Kristine P. Purcell v. Bank of America
10-3975
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge James T. Moody.
Civil. Reverses dismissal of Purcell’s common-law claims against the bank without prejudice to allow her to refile in state court. Remands with instructions to enter judgment for the bank on all of Purcell’s state and federal claims. Section 1681t(b)(1)(F) and Section 16811h(e)of 15 U.S.C. are compatible, and Section 1681(t)(b) would preempt Purcell’s state-law theories.

PACER fee increase begins April 2012

The 2-cent increase per page to access electronic information on the Public Access to Court Electronic Records system will take effect April 1, 2012. The Judicial Conference of the United States authorized raising the fee to 10 cents a page to cover maintenance costs as well as to enhance the system.

Judges uphold admission of robbery confession

A trial court did not err in admitting evidence of uncharged misconduct from another incident during a defendant’s trial for robbery, the Indiana Court of Appeals ruled Monday. The evidence contained a letter that helped corroborate the man’s confession to the robbery.

Commission urges discipline for former Marion County prosecutor

The Indiana Supreme Court’s Disciplinary Commission wants the state’s highest court to find former Marion County Prosecutor Carl Brizzi committed misconduct when he made statements about two high-profile cases he handled as prosecutor.

Commission urges discipline for former Marion County prosecutor

The Indiana Supreme Court’s Disciplinary Commission wants the Indiana Supreme Court to find former Marion County Prosecutor Carl Brizzi committed misconduct when he made statements about two high-profile cases he handled as prosecutor.

Justices agree subsidiaries are not new employers

Emphasizing its ruling only deals with determining the proper merit rate for unemployment fund contributions, the Indiana Supreme Court ruled a manufacturer did not create employers through its new subsidiaries, so it wasn’t entitled to a lower rate.

Opinions Sept. 30, 2011 ILD

The 7th Circuit Court of Appeals had posted no opinions from Indiana courts at IL deadline.

The Indiana Supreme Court, Indiana Court of Appeals and Indiana Tax Court had posted no opinions at IL deadline.

Opinions Sept. 30, 2011

Indiana Supreme Court
Franklin Electric Company, Inc. v. Unemployment Insurance Appeals of the Indiana Dept. of Workforce Development
93S02-1102-EX-89
Agency appeal. Affirms determination of the liability administrative law judge that Franklin Electric Co. and its two newly created entities Franklin Electric Manufacturing and Franklin Electric Sales are a single employer. The manufacturing and sales entities did not acquire a distinct and segregable portion of Franklin Electric’s business, so they did not qualify as “employers” under the laws governing Indiana’s unemployment compensation arrangements.

Bankruptcy judges relocating

Beginning in October, three of the bankruptcy judges in the Southern District of Indiana will be relocating their courtrooms because of construction at the Birch Bayh Federal Building and United States Courthouse.

SJCBA releases results of judicial survey

The St. Joseph County Bar Association has released the findings of its annual survey of Superior judges. The bar association conducts the survey each year even if no judges are up for retention, which is the case for 2011.

Circuit Court rules in favor of utility

The 7th Circuit Court of Appeals has affirmed summary judgment in favor of a Louisville utility in a dispute as to whether landowners could eject the utility from their property after violating portions of the lease. The appellate judges also declined to certify a question to the Indiana Supreme Court.

ND symposium to discuss terrorism

This year’s International Law Society Symposium at University of Notre Dame Law School Friday will explore emerging issues in national security law and the connections between international law and the diverse domestic laws of states. The symposium is open to the public.

Opinions Sept. 29, 2011 ILD

Indiana Court of Appeals
N.W. v. Indiana Dept. of Child Services (NFP)
65A01-1101-JT-7
Juvenile. Affirms termination of mother’s parental rights.

Jenna L. Zent, et al. Stallard & Associates, Inc. (NFP)
49A02-1012-PL-1364
Civil plenary. Dismisses Zent’s appeal of summary judgment in favor of Stallard & Associates on Zent’s complaint relating to a landlord-tenant dispute.

B.P. v. State of Indiana (NFP)
49A05-1101-JV-33
Juvenile. Remands with instructions to correct dispositional orders and CCS entries made to reflect B.P.’s adjudication.

Bryan J. Fields v. State of Indiana (NFP)
20A03-1102-CR-101
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated.

Indiana Tax Court had posted no opinions at IL deadline.

 

Opinions Sept. 29, 2011

7th Circuit Court of Appeals
Cedar Farm, Harrison County Inc. v. Louisville Gas and Electric Co.
10-2234
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge David F. Hamilton.
Civil. Affirms summary judgment for Louisville Gas and Electric on Cedar Farm’s attempt to eject Louisville Gas and Electric from its property and to terminate an oil and gas lease for violations of certain portions of the lease. The lease allows for a damages remedy and Cedar Farm hasn’t show that damages are inadequate to compensate for the harm to its property.

Court: CHINS fact-finding hearing required by due process

The Indiana Court of Appeals disagrees with the state Department of Child Services that fact-finding and dispositional hearings in a child in need of services case are interchangeable. The appellate panel has ruled a Marion County father’s due process rights were denied because he didn’t receive the opportunity for a fact-finding hearing.

Justices uphold murderer’s convictions

The Indiana Supreme Court has affirmed that a man will serve life in prison without parole for his role in the murders of seven people in Indianapolis in 2006.

Appeals court reverses judge on visitation ruling

The state’s intermediate appellate court has reversed a southern Indiana judge’s ruling that a boyfriend should retain visitation rights over an ex-girlfriend’s child. It ruled that the finding is contrary to law because lawmakers didn’t allow for that type of circumstance to warrant visitation.