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Opinions Sept. 7, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
David Hatter, et al. v. Pierce Manufacturing, Inc.
49A02-0907-CV-659
Civil. Affirms jury trial and verdict in favor of Pierce Manufacturing in the Hatters’ product liability action. Hatter failed to exhaust one of his peremptory challenges and has not shown both of his challenges for cause were improperly denied. The trial court did not abuse its discretion in the giving of jury instructions or in excluding evidence and did not err by denying Hatter’s partial motion for judgment on the evidence.

Larry Rodts v. Heart City Automotive, Inc.
20A04-1004-CT-249
Civil tort. Affirms summary judgment for Heart City in Rodt’s breach of contract and wage payment claims. There are no genuine issues of material fact, Rodts’ oral contract is unenforceable, and his deferred compensation was not a wage.

Gregory Johnson v. State of Indiana
49A02-1003-CR-375
Criminal. Affirms conviction of Class C misdemeanor refusal to identify self. The state presented sufficient evidence to support the conviction.

Haneef S. Jackson-Bey v. State of Indiana (NFP)
45A03-1001-CR-36
Criminal. Affirms sentence following guilty plea to Class B felony burglary.

Umarex Sportwaffen GMBH, et al. v. Toyriffic, LLC d/b/a Hobbytron.com (NFP)
29A05-1001-PL-28
Civil plenary. Affirms order setting aside default on Umarex and other plaintiffs’ claim against Toyriffic for trademark infringement, trademark dilution, false advertising and trade dress infringement, unfair competition, conversion, forgery, counterfeiting, and deception.

Theodore Ebeyer v. State of Indiana (NFP)
41A05-0911-CR-674
Criminal. Affirms conviction of Class C felony possession of cocaine.

Mark Hendrickson, et al. v. Joseph Potetz, et al. (NFP)
87A01-1002-CT-111
Civil tort. Affirms summary judgment for Coinmach Holdings in a wrongful death complaint.

Phillip J. Camp v. State of Indiana (NFP)
29A02-1002-CR-210
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Dewan D. Burnett v. State of Indiana (NFP)
45A03-1002-CR-61
Criminal. Affirms sentence following guilty plea to Class B felony dealing in cocaine.

John Chupp v. State of Indiana (NFP)
49A05-0912-PC-683
Post conviction. Affirms in part and reverses in part denial of petition for post-conviction relief. Remands to the post-conviction court the issue of Chupp’s robbery conviction and directs the court to enter judgment of conviction as a Class C felony and sentence accordingly.

James D. Schregardus v. OH Retail, LL, LLC (NFP)
49A05-1002-PL-156
Civil plenary. Dismisses Schregardus’ appeal for lack of subject matter jurisdiction. Declines to award damages under Appellate Rule 66(E).

Salaheddin A. Alfaqeer d/b/a Tobacco Zone v. LOR Corp. (NFP)
49A04-1003-CC-213
Civil collection. Reverses denial of Alfaqeer’s motion to set aside judgment. Remands for further proceedings.

Term. of Parent-Child Rel. of D.M.; A.M. v. I.D.C.S. and Child Advocates (NFP)
49A04-1001-JT-116
Juvenile. Affirms involuntary termination of parental rights.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court granted 3 transfers and denied transfer to 18 cases for the week ending Sept. 3.

Opinions Sept. 7, 2010

Indiana Court of Appeals
David Hatter, et al. v. Pierce Manufacturing, Inc.
49A02-0907-CV-659
Civil. Affirms jury trial and verdict in favor of Pierce Manufacturing in the Hatters’ product liability action. Hatter failed to exhaust one of his peremptory challenges and has not shown both of his challenges for cause were improperly denied. The trial court did not abuse its discretion in the giving of jury instructions or in excluding evidence and did not err by denying Hatter’s partial motion for judgment on the evidence.

Defendants in will contest must timely answer

In an issue of first impression, the Indiana Court of Appeals has held that a will contest is a civil action and a defendant in this type of action is required to file an answer or plead to a complaint as provided by the state’s trial rules.

COA reverses judgment on contract-rescission claim against lottery

The Indiana Court of Appeals will allow lottery scratch-off game players’ claim of contract rescission against the state’s lottery commission to proceed to trial, but the court affirmed summary judgment in favor of the lottery on the other claims filed by the players in a class-action suit.

Judge nixes non-attorney’s attempt to join class action

A federal judge says that a non-attorney who wants to work for the American Civil Liberties Union of Indiana or as a local public defender can’t join an already-pending class-action lawsuit that challenges the state’s Board of Law Examiners and its questions about applicants’ mental health history.

Panel: 1 judge remains, another off ballot

The Indiana Election Commission has pulled one Lake County judicial candidate off the ballot because of how the political process put him into the race, while a controversial incumbent Allen Superior judge remains on the ballot despite arguments that his disciplinary history should keep him off.

Opinions Sept. 3, 2010 ILD

7th Circuit Court of Appeals
Trent L. Chapin v. Fort-Rohr Motors Inc.
09-1347
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Civil. Reverses denial of Fort-Rohr’s motion for judgment as a matter of law after a jury found in Chapin’s favor in his retaliation suit. Fort-Rohr was entitled to judgment as a matter of law because Chapin did not produce sufficient evidence to support an actual or constructive discharge.

Indiana Court of Appeals
In the Matter of the Unsupervised Estate of Judith E. Phillips v. Rainer Assmann (NFP)
40A05-1001-EU-33
Estate, Unsupervised. Affirms trial court judgment in favor of Assmann for $34,514.04, concluding it did not abuse its discretion in ruling on the competence of Assmann’s testimony under the Dead Man’s Statute.

Daniel E. Hoagland, et al. v. Dorothy H. Mosier, et al. (NFP)
76A03-0911-CV-521
Civil. Affirms trial court’s judgment approving a signed memorandum of agreement and quieting title to each party’s lot.

Ahmed Bellamy v. State of Indiana (NFP)
49A04-1002-CR-54
Criminal. Affirms trial court order that Bellamy serve the remainder of his outstanding sentence imposed after his probation revocation.

The following opion was posted after IL deadline Thursday.

Indiana Tax Court
6787 Steelworkers Hall, Inc. v. John R. Scott, Assessor of Porter County
No. 49T10-0906-TA-27
Tax. Affirms Indiana Board of Tax Review’s determination that Local 6787’s banquet facility is not predominately used for education or charitable purposes and therefore is 100 percent taxable.
 

Opinions Sept. 3, 2010

7th Circuit Court of Appeals
Trent L. Chapin v. Fort-Rohr Motors Inc.
09-1347
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Civil. Reverses denial of Fort-Rohr’s motion for judgment as a matter of law after a jury found in Chapin’s favor in his retaliation suit. Fort-Rohr was entitled to judgment as a matter of law because Chapin did not produce sufficient evidence to support an actual or constructive discharge.

Opinions Sept. 2, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Conwell Construction v. Abbey Road Development, LLC, et al. (NFP)
49A05-0912-CV-741
Civil. Affirms trial court grant of permission to amend its counterclaim to assert a claim for actual damages.

Johnny Mack Watts, Jr. v. State of Indiana (NFP)
79A02-1002-CR-167
Criminal. Affirms sentence following guilty plea to Class C felony criminal confinement.

Melvin A. Sykes v. State of Indiana (NFP)
71A03-1001-CR-86
Criminal. Affirms conviction of Class B felony robbery while armed with a deadly weapon.

City of Gary, Indiana, et al. v. Hazel L. Osborne (NFP)
45A03-0910-CV-463
Civil. Affirms jury award against City of Gary and other appellants and in favor of Osborne in her lawsuit for damages incurred as a result of personal injuries suffered in a traffic accident involving a police officer and Osborne.

Jeffrey Jinks v. State of Indiana (NFP)
49A05-1002-CR-68
Criminal. Affirms revocation of probation and imposition of five years of a previously suspended six-year portion of Jinks’ sentence.

Indiana Tax Court had posted no opinions at IL deadline.
 

Former ISBA president Rabb Emison dies

The state legal community is saying goodbye to a past Indiana State Bar Association president who was a pivotal part of promoting diversity within the profession.

Judge orders law firms to repay city $453,282

A Merrillville attorney and three law firms must repay East Chicago a total $453,282 in legal fees they collected for defending former city officials in the Sidewalk Six scandal.

Longtime attorney Rabb Emison dies

Retired Vincennes attorney Ewing Rabb Emison Jr., 85, president of the Indiana State Bar Association from 1986 to 1987, died this morning.

Economic espionage case full of intrigue

The government's allegations read like a spy novel: Dr. Ke-xue "John" Huang lands a job at Indianapolis-based Dow AgroSciences and over five years works himself into a position of trust, with access to trade secrets and processes the company has invested $300 million to develop.