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The 7th Circuit Court of Appeals has allowed a proposed class action case claiming the National Collegiate Athletic Association
operates an illegal lottery to sell tickets to certain sporting events to go forward.
The Democratic candidate for Gibson County Prosecutor has withdrawn from the race following his indictment on four charges,
including possession of child pornography.
The Indiana Commission on Judicial Qualifications has charged Marion Superior Judge William E. Young with misconduct for his
handling of traffic court cases.
The following opinion was posted after IL deadline Wednesday.
Indiana Tax Court
Lake
County Assessor v. Amoco Sulfur Recovery Corp., BP Products North America, Inc.
49T10-0909-TA-58
Tax. Affirms summary judgment for BP and denial for the Lake County assessor regarding BP’s personal property assessments
for 2004 to 2006. Affirms the Indiana Board’s conclusion that BP’s returns substantially complied with the “nature”
requirement of both Indiana Code Section 6-1.1-3-9 and 50 IAC 4.2-2-5, and that it was well reasoned, based on substantial
evidence, and consistent with the law.
Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Kelly
Lee Muncy, Kendra Marie Vondersaar, et al. v. Harlan Bakeries, Inc.
32A04-1001-PL-9
Civil plenary. Affirms findings of fact and conclusions of law entered after remand proceedings, adjusting the prior damages
award and ordering that Harlan Bakeries abate certain encroachments. The trial court did not exceed the scope of issues available
on remand and the Muncys waived the issue of attorney fees.
Term.
of Parent-Child Rel. of B.G., et al.; M.G., and D.G. v. I.D.C.S. (NFP)
82A05-1002-JT-60
Juvenile. Affirms termination of parental rights.
Jamestown
Homes, Inc. v. Ronald L. Comer (NFP)
02A03-1001-SC-6
Small claim. Affirms grant of Comer’s motion to correct errors.
Teresa
M. Mason v. State of Indiana (NFP)
22A01-1003-CR-131
Criminal. Affirms sentence following guilty plea to Class C felony reckless homicide.
Indiana Tax Court
AWHR
America's Water Heater Rentals, LLC v. Indiana Dept. of State Revenue (NFP)
49T10-0710-TA-50
Tax. Affirms the Department of State Revenue’s assessment of sales tax liability against AWHR.
Indiana Court of Appeals
Crisis
Connection, Inc. v. Ronald Keith Fromme
19A05-0910-CR-602
Criminal. Affirms order Crisis Connections produce records to the court for an in camera review. An in camera review properly
balances Fromme’s constitutional rights and the victims’ interest in privacy.
A federal judge has certified a class-action suit against the Lake County sheriff and others brought by a group of pretrial
detainees who were held in the county jail in conditions they claim were unconstitutional.
A bitter battle between the heirs of former Conseco Inc. executive Lawrence Inlow and the bank and attorneys overseeing his
estate will get a hearing Friday in Hamilton County Court.
Indiana’s victim-advocate privilege is limited by a criminal defendant’s constitutional rights, the Indiana Court
of Appeals concluded today on the matter of first impression.
When Indianapolis attorney Joe Hogsett received the news Wednesday that he’d been chosen by President
Barack Obama
to be the next U.S. Attorney for the Southern District of Indiana, he wasn’t in court or handling a client’s legal
matters.
The Indiana Court of Appeals addressed for the first time whether the waiver of the right to object to,
remonstrate against,
or appeal an annexation constitutes “consent” to an annexation under Indiana Code.
When Indianapolis attorney Joe Hogsett received the news Wednesday that he’d been chosen by President Barack Obama to
be the next U.S. Attorney for the Southern District of Indiana, he wasn’t in court or handling a client’s legal
matters.
The White House has chosen Bingham McHale partner Joe Hogsett to be the next U.S. Attorney for the Southern District of Indiana.
The Indiana Supreme Court has released the interview times for the nine semi-finalists for the justice position opening up
this fall.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Eastern Alliance Insurance Group, Chubb Insurance Group, and Total Interior Systems America, LLC v. Elizabeth Howell
93A02-0912-EX-1287
Civil. Reverses penalties assessed against Eastern Alliance by the Full Worker’s Compensation Board due to a lack of
diligence. The board’s factual findings demonstrate that Eastern Alliance reasonably investigated the claim and communicated
with the parties, and afterwards it reasonably determined that it was not liable for the claim. Vacates penalties assessed
against the company and remands that the board determine and enter an order regarding whether Chubb Insurance should be held
responsible for the entirety of the penalty and attorneys’ fees awarded for its lack of diligence.
Paul
Christy and Julia Christy v. Paul Sebo and Anita Sebo
55A05-1002-CC-131
Civil. Reverses the order denying the Christys’ request for attorney’s fees and costs against the Sebos in the
Christys’ defense of an adverse possession claim and litigation of a breach of warranty claim. Summary judgment was
granted in favor of the Christys and against the Sebos on whether the Sebos breached the warranty of title and the Sebos have
not appealed that ruling. The fact that the Christys and the Clarks ultimately settled their adverse possession dispute is
irrelevant to the question of whether Sebos breached the warranty of title. Remands for further proceedings.
Jeannie
Hall v. Larry Hall Trust and Jack Hall, Trustee (NFP)
64A05-0912-CV-715
Civil. Affirms determination that Jeannie Hall is not entitled to the income from all of the properties in the Larry A. Hall
Trust.
Maurice
J. Tatum v. State of Indiana (NFP)
49A02-0912-CR-1213
Criminal. Affirms order revoking probation.
John
Jacob Campbell v. State of Indiana (NFP)
18A02-0912-CR-1189
Criminal. Reverses order revoking probation and remands with instructions to the trial court to accommodate Campbell’s
indigence consistent with the opinion.
Michael
Furlong v. State of Indiana (NFP)
49A04-0911-CR-658
Criminal. Affirms convictions of Class B felony burglary and Class D felony theft.
Marcus
R. Berry v. State of Indiana (NFP)
02A03-1002-CR-109
Criminal. Affirms revocation of probation.
Johnny
Byers v. State of Indiana (NFP)
71A04-0910-CR-612
Criminal. Affirms conviction of Class A felony attempted murder.
Shalini
Kohli v. Vishal Mahajan (NFP)
29A02-1002-DR-131
Domestic relation. Affirms the decree dissolving marriage.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Eastern Alliance Insurance Group, Chubb Insurance Group, and Total Interior Systems America, LLC v. Elizabeth Howell
93A02-0912-EX-1287
Civil. Reverses penalties assessed against Eastern Alliance by the Full Worker’s Compensation Board due to a lack of diligence. The board’s factual findings demonstrate that Eastern Alliance reasonably investigated the claim and communicated with the parties, and afterwards it reasonably determined that it was not liable for the claim. Vacates penalties assessed against the company and remands that the board determine and enter an order regarding whether Chubb Insurance should be held responsible for the entirety of the penalty and attorneys’ fees awarded for its lack of diligence.
A Wisconsin man who pled guilty to possessing firearms after he was convicted of a domestic battery misdemeanor
is not allowed
to have those firearms, even though he argued they were used for hunting.
The Indiana Office of Guardian Ad Litem/Court Appointed Special Advocate is one of 16 programs in the National CASA Association
that will use a pilot program to help young adults leaving foster care.
The insurance company that provided legal professional liability coverage for the attorney who abandoned his practice and
went on a crime spree did receive actual notice of the attorney’s clients’ claims against the insurer, the Indiana
Court of Appeals ruled today.
For the first time, the Indiana Court of Appeals has decided that a title insurance agent is not also an agent of the title
insurance company with respect to escrow and closing services.