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Opinions Sept. 3, 2015

Indiana Court of Appeals
Memory Gardens Management Corporation, Inc. v. Liberty Equity Partners, LLC, and Old Bridge Funeral Home, LLC
49A02-1501-CC-1
Civil collection. Affirms grant of the Old Bridge parties’ motion for summary judgment and affirms the denial of Memory Gardens’ cross-motion for summary judgment. Remands to decide reasonable appellate attorney fees. Finds Memory Gardens’ failure to object to receiver’s final report forever bars it from claiming the $450,000 demand note. Also rules receiver abandoned Memory Gardens’ claims for the demand note.

Claims for old debt are forever barred

A dissolved corporation that did not object sooner cannot now demand payment on an old debt, the Indiana Court of Appeals has ruled.

Indiana’s pioneering female attorneys honored

The late Shirley Shideler, who was the first woman to be named a partner at a large Indiana law firm, will be honored at a special reception recognizing trailblazing women lawyers.

Opinions Sept. 2, 2015

Indiana Supreme Court
David Anderson, Joe Wray, John Kennard, Commissioners, and Board of Trustees, Brown County Fire Protection District v. Susanne Gaudin, Janet Kramer, and Ruth Reichmann
07S01-1505-PL-284
Civil plenary. Reverses summary judgment finding that a county board of commissioners lacked authority to amend an ordinance that previously established a countywide fire protection district. Majority concludes that under the Home Rule Act, boards of county commissioners are authorized to amend fire protection districts, even if an amendment dissolves the district. The opinion written by Justice Brent Dickson was joined by Justice Mark Massa and Chief Justice Loretta Rush; Justice Steven David concurred with a separate opinion. Justice Robert Rucker dissented and would affirm the trial court judgment in favor of property owners.

Altice sworn in as Court of Appeals judge

Former Marion Superior Judge Robert R. Altice Jr. was sworn in as a judge on the Indiana Court of Appeals Wednesday by Chief Justice Loretta Rush, the court said in a statement.

Columbus council backs sexual orientation protections

The all-Republican city council in Indiana Gov. Mike Pence’s hometown has voted unanimously to give initial support for adding sexual orientation and gender identity to the city’s anti-discrimination ordinances.

Clerk defying gay marriage orders: ‘A heaven or hell decision’

Now as the Rowan County clerk in Morehead, Kentucky, Kim Davis is refusing to surrender in a battle over who can and can’t be wed. She invoked “God's authority” Tuesday as she defied a series of federal court orders and once again denied marriage licenses to same-sex couples.

CHINS ruling splits Court of Appeals

A split Indiana Court of Appeals reversed a Child in Need of Services adjudication, ruling the child’s absent, out-of-state father should be presumed to be a fit and capable parent unless the state proves otherwise.

Summary judgment denied in business owners’ tax appeal

Reminding the parties that the summary judgment procedure is not a substitute for trial, the Indiana Tax Court has denied an attempt by the Indiana Department of State Revenue to end a long-running tax dispute.

Feds: Fogle colleague pleads to exploiting 12 children

The former director of ex-Subway pitchman Jared Fogle’s anti-childhood obesity foundation sexually exploited 12 minor children in Indiana, federal authorities said Tuesday in releasing an information against Russell Taylor. Some of the children depicted in videos Taylor shared with Fogle were as young as 6, authorities said, ranging to age 14.

Opinions Sept. 1, 2015

7th Circuit Court of Appeals
Neal D. Secrease Jr. v. The Western & Southern Life Insurance Co., et al.
15-1328.
Appeal from the U.S. District Court for the Southern District of Indiana, Indianapolis Division
Judge Jane Magnus-Stinson
Civil. Affirms District Court dismissal with prejudice of Secrease’s sex and age discrimination and retaliation complaints. While the sanction of dismissal with prejudice is severe, it is justified in this case where Secrease attempted to perpetrate a fraud on the court by submitting a purported employment contract that contained an arbitration agreement that was not a provision in the contract he signed.
 

7th Circuit affirms dismissal due to attempted fraud on court

A federal judge in Indianapolis rightly dismissed with prejudice a man’s age and sex discrimination complaints against his former employer because he attempted to perpetrate a fraud on the court, the 7th Circuit Court of Appeals ruled Tuesday.