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Opinions March 16, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
North Willow Operating LLC, et al. v. Stephanie Clay
49A02-1004-CT-444
Civil tort. Dismisses appeal of North Willow Operating following the denial of their motion to dismiss, demand for arbitration and to compel arbitration. North Willow failed to timely bring the appeal.

Pioneer Title v. Chanda Gartin (NFP)
29A02-1004-SC-571
Small claims. Affirms judgment in favor of Gartin in a suit following Pioneer Title's disbursement of funds that were supposed to be held in an escrow account.

Natalie Long v. State of Indiana (NFP)
57A03-1009-CR-494
Criminal. Remands with instructions to inquire into Long’s ability to pay and modify the restitution order as appropriate and to set the manner of payment.

Duncan Dillard v. State of Indiana (NFP)
37A03-1007-CR-376
Criminal. Reverses conviction of Class C felony possession of cocaine.

Darby L. Hape v. State of Indiana (NFP)
19A01-1009-CR-499
Criminal. Affirms denial of petition for jail credit time.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions March 16, 2011

7th Circuit Court of Appeals
Mark Siliven, et al. v. Indiana Department of Child Services, et al.
10-2701
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms District Court conclusion that Terry Suttle, director of the Wayne County DCS, and case manager Amber Luedike were entitled to summary judgment on the federal claims on qualified immunity grounds, finding the constitutional rights allegedly violated were not clearly established in January 2008. Probable cause existed to remove C.S. from his father’s custody so there was no Fourth Amendment violation. The use of state action to protect C.S. from his father was reasonable.

2 U.S. attorneys retiring, replacements named

Joseph H. Hogsett, U.S. attorney for the Southern District of Indiana, has announced replacements for the two members of the office’s management team who are retiring next month.

Opinions March 15, 2011 ILD

Indiana Supreme Court
Debra L. Walker v. David M. Pullen
64S05-1101-CT-6
Civil tort. Reverses grant of Pullen’s motion to have a new trial and remands for the trial court to reinstate the original jury verdict of $10,070. The trial court judge only made general findings and not special findings as required by Indiana Trial Rule 59(J). Justice Dickson concurs in result.

Indiana Court of Appeals
Jason W. Hall v. State of Indiana
25A05-1008-CR-534
Criminal. Affirms sentence following guilty plea to two counts of Class B felony burglary. Hall didn’t establish an abuse of the trial court’s sentencing discretion or that his sentence is inappropriate. He also wasn’t denied credit time to which he was entitled.

Lovetha Smitherman v. Kroger Limited Partnership I, et al. (NFP)
49A02-1008-PL-880
Civil plenary. Affirms grant of partial summary judgment to Kroger upon Smitherman’s claim for negligent hiring and retention.

Susan Ricketts v. Subaru of Indiana Automotive (NFP)
93A02-1008-EX-1030
Civil. Affirms order of the Worker’s Compensation Board on Ricketts’ claim for disability and medical benefits arising from a work related accident.

L.M. v. B.S., et al. (NFP)
71A03-1010-MI-514
Miscellaneous. Affirms order denying grandmother L.M.’s verified petition for grandparent visitation.

Term. of the Parent-Child Rel. of S.H.; R.H. v. I.D.C.S. (NFP)
36A01-1008-JT-418
Juvenile. Affirms termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions March 15, 2011

Indiana Supreme Court
Debra L. Walker v. David M. Pullen
64S05-1101-CT-6
Civil tort. Reverses grant of Pullen’s motion to have a new trial and remands for the trial court to reinstate the original jury verdict of $10,070. The trial court judge only made general findings and not special findings as required by Indiana Trial Rule 59(J). Justice Dickson concurs in result.

3 Indiana law schools ranked in top 80

Two Indiana law schools have again been ranked in the top 25 law schools on U.S. News & World Report’s annual list of top graduate schools.

Judges split on whether 2 insurers must pay for damage

An Indiana Court of Appeals judge dissented from the majority’s holding that two insurers were financially responsible for the damages caused by a fractured storm pipe and subsequent flooding of a school. The judge believed that only one of the responsible party’s insurers had to pay for the property damage.

High court takes 4 cases

The Indiana Supreme Court has granted transfer to four cases, including two dealing with whether a trial court should assert exemptions in garnishment actions on behalf of pro se debtors.

Law Student Scholarship Applications Now Available

The Indianapolis Bar Foundation is the charitable arm of the Indianapolis Bar Association. Annually, it awards academic and educational scholarships to deserving law students as one way of carrying out its mission – to advance justice and lead positive change in Indianapolis through philanthropy, education and service. Applications for 2011 Academic and Educational Scholarships are now being accepted.

Looking on the Bright Side…

I freely admit this is the time of year that I question my family’s decision to establish our residence north of the Mason-Dixon Line. Going for weeks on end without sunshine is not good for one’s soul. In Indiana, March is the month that typically throws a couple of cruel jokes this way. About the time Hoosiers become convinced that we have turned the corner and Spring has really arrived, the weather gods typically throw in a last winter storm (or two).

Time is Running Out to Volunteer

Attorneys are needed to provide one-on-one legal counseling to members of the public during IndyBar’s Ask a Lawyer program on April 12 at the following Marion County Library locations from 2-4 p.m. or 4-6 p.m.

IndyBar Adopts Policy on Social Media

More and more social media is being used as not just a personal form of communication, but as professional communication, as well. Recognizing the need to interact with its large membership, the Indianapolis Bar Association established a presence on Facebook, Twitter and LinkedIn.

Money and Ethics: “Non-refundable” Fees

It’s the beginning of a case and your client has agreed in writing to a $10,000 non-refundable retainer. You get to work. The case is messy. There are motions to prepare, witnesses to interview and your client is constantly calling for “updates.”

Welcoming the new tax judge

Martha Blood Wentworth took her oath of office and received her robe at an investiture ceremony March 8.

Limitation of liability provision enforceable

On March 2, 2011, the federal district court in Indianapolis issued a rather innocuous and unassuming opinion in SAMS Hotel Group, LLC v. Environs, Inc. (S.D. Ind. 2011), No. 1:09-CV-00930-TWP-TAB. However, its ramifications may be far-reaching and are surely welcomed by design professionals working on projects in Indiana.

Editorial – SB 590: An Arizona-style invitation for litigation

The past weeks have brought heated debate about immigration policy to our state. The Indiana General Assembly is currently considering various anti-immigrant bills. Among them is Senate Bill 590, modeled after Arizona’s immigration law. Currently being challenged in Federal District Court on constitutional grounds, Arizona’s law has invited much criticism and proved costly to the state’s economy. Indiana should not be next in line.