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Opinions Nov. 23, 2010 ILD

7th Circuit Court of Appeals
June Kimmel v. Western Reserve Life Assurance Company of Ohio
10-1336
U.S. District Court for the Northern District of Indiana, Hammond Division, Magistrate Judge Paul R. Cherry
Civil. Affirms District Court’s grant of summary judgment to Western Reserve Life Assurance Company of Ohio. The insurance company had neither accepted nor denied the life insurance application of June Kimmel’s late husband Richard Kimmel within a 60-day timeframe. Richard died in an automobile accident six weeks after the end of that 60-day period. The 7th Circuit concludes that “although Western Reserve deserves criticism for its handling of Richard’s application for life insurance, its behavior is not actionable under Indiana tort law” because ”the relationship between an insured and an insurer is different enough from the relationship between an applicant and a prospective insurer.”

Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals
 
Gregory Owens v. State of Indiana
29A02-1002-CR-390
Criminal. Affirms Owens’ conviction of child molesting. Concludes the state did not infringe upon his Fifth Amendment privilege against self-incrimination by introducing evidence that he did not contact police. Also finds the prosecutor’s comment in closing argument was improper but did not rise to the level of fundamental error requiring reversal.
 
Erik E. Neal, Jr. v. State of Indiana (NFP)
71A03-1003-CR-214
Criminal. Affirms conviction of and sentence for felony murder.
 
Steven Thrash v. State of Indiana (NFP)
49A02-1005-CR-483
Criminal. Affirms conviction of aggravated battery, a Class B felony. Revises 10-year sentence to eight years with six years executed and two years suspended.

Tara K. Mateyko v. State of Indiana (NFP)
29A02-1002-CR-226
Criminal. Affirms conviction of theft, a Class D felony.
 
Kyle Sheets v. Kandie Sheets (NFP)
48A02-1004-DR-419
Civil. Affirms trial court’s grant of mother’s request for permission to move with the parties’ children to Oklahoma.

Indiana Tax Court posted no opinions before IL deadline.
 

Opinions Nov. 23, 2010

7th Circuit Court of Appeals
Nightingale Home Healthcare, Inc. v. Anodyne Therapy, LLC
10-2327
U.S. District Court for the Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker
Civil. Affirms the judgment of the District Court that granted Anodyne’s request for an award of attorneys’ fees in the amount of $72,747. The award was based on 15 U.S.C. § 1117(a), which allows attorneys’ fees to be awarded to prevailing parties in Lanham Act suits, but only in “exceptional cases.” Nightingale contended no award of attorneys’ fees was justified because the case was not “exceptional.” Also grants Anodyne’s motion for fees and costs pursuant to Rule 38 of the appellate rules. Dismisses as moot Anodyne’s motion to strike Nightingale’s brief and appendix.

IBA Frontlines

IBA Frontlines for Nov. 24-Dec. 7, 2010.

IBA: IndyBar Job Bank is Ready to Serve You

Are you looking to a job? Are you looking to hire qualified legal professionals? The newly re-designed indybar.org website is a great way to make a connection.

IBA: Law Students Learn What They Need to Know

Have you ever wished there was a manual for your relationships; your kids; your job? Law students are no exception, so the IBA created the What You Need to Know series.

IBA: Bar Leadership for 2011 in Place

With nearly 40 groups within the Indianapolis Bar to provide service and support, it takes great leadership to accomplish the lofty goals set for each.

IBA: Institute Offers Advocates an Invaluable Resource

The Indianapolis Bar Association’s Appellate Practice Section recently created the Indiana Appellate Institute, a resource available to lawyers throughout the state who have oral arguments scheduled before the Indiana Supreme Court or Court of Appeals.

DTCI: Medical Negligence vs. Premises Liability

When a patient is harmed during a medical procedure, a patient may elect to file a medical negligence claim against his physician and the health care facility in which the procedure occurred. However, when a patient is harmed during a hospitalization, should the claim still be pursued as one of medical negligence or is it more appropriately a premises liability claim?

Knox County Bar memorializes lawyer

The Knox County Bar Association adopted a resolution to memorialize former Indiana State Bar Association president E. Rabb Emison in mid-November.

On the Move – 11/24/10

See who are new to Indiana firms and what attorneys have opened new law firms.

Viewpoint: I hope you read this

An anonymous young lawyer in Indianapolis discusses her anxiety issues and the Judges and Lawyers Assistance Program.

Death and tax uncertainty

These days, it feels as though Uncle Sam is laughing at estate planning and wealth transfer attorneys.

Judicial candidates lose elections

Two judicial candidates who’d faced Indiana Election Commission challenges earlier this year about their names even appearing on the ballot made it to the general election, but ended up losing the races and not getting to the bench in Lake and Allen counties.

SCOTUS reverses 7th Circuit again

The death penalty has effectively been reinstated for an Indiana man after the nation’s highest court reversed the 7th Circuit Court of Appeals ruling that had ordered a new trial. In doing that, the Supreme Court of the United States on Nov. 8 reiterated its message that federal courts can’t issue any writ of habeas […]