The 7th Circuit Court of Appeals praised a homebuilder for its quick response and remedy to a couple’s discovery that their brand new home was full of backed-up sewage. But because Arbor Homes didn’t get the consent of the insurer regarding a settlement, the insurer has no obligation to pay for the cleanup.
A lawsuit over liability for a fire that destroyed an Indianapolis steakhouse because hydrants were frozen and unusable will proceed to the Indiana Supreme Court.
The Indiana Supreme Court, Court of Appeals and Tax Court issued no opinions by IL deadline Tuesday.
7th Circuit Court of Appeals
West Bend Mutual Insurance Co. v. Arbor Homes LLC
12-2274
U.S. District Court, Southern District of Indiana, Indianapolis Division, Magistrate Judge Tim A Baker. Affirms District Court ruling in favor of West Bend Mutual Insurance that it has no duty to defend or indemnify Arbor Homes. Arbor Homes agreed to a settlement with homeowners without obtaining the prior consent of West Bend after raw sewage backed up into their brand new home.
Carmel-based ITT Educational Services Inc., one of the largest operators of for-profit colleges in the nation, has agreed to pay Sallie Mae Corp. $46 million to settle litigation related to a loan agreement between the two parties.
A federal suit that challenges the constitutionality of Marion County judicial elections has been amended to name the governor and members of the Indiana Election Commission as defendants.
A Carmel business and its owner face a state consumer protection lawsuit over accusations that the company bilked customers who used its website to pay for autographed photos and memorabilia of Indianapolis Colts player Reggie Wayne and former Colts Peyton Manning and Gary Brackett.
Indiana Court of Appeals
Term. of the Parent-Child Rel. of: C.A. & Z.A. (Minor Children), and H.A. (Father) v. The Indiana Dept. of Child Services (NFP)
41A04-1205-JT-407
Juvenile. Affirms termination of father’s parental rights.
The 7th Circuit Court of Appeals released no Indiana opinions prior to IL deadline. The Indiana Supreme Court and Tax Court released no opinions prior to IL deadline.
Indiana Court of Appeals
Term. of the Parent-Child Rel. of: C.A. & Z.A. (Minor Children), and H.A. (Father) v. The Indiana Dept. of Child Services (NFP)
41A04-1205-JT-407
Juvenile. Affirms termination of father’s parental rights.
The Indiana General Assembly convenes for the 2013 legislative session today with a new governor, many first-time legislators and a Republican supermajority in both the House of Representatives and the Senate.
A patent infringement case involving a Knox County soybean farmer and an international seed producer will be argued Feb. 19 before the Supreme Court of the United States.
Four months after the Indiana Judicial Qualifications Commission filed charges against St. Joseph Probate Judge Peter Nemeth, the JQC and the judge have agreed to a private reprimand.
Indiana Court of Appeals
Rori Property Holdings, LLC, et al. v. McCullough Construction Company, Inc. (NFP)
29A02-1204-PL-325
Civil plenary. Affirms trial court judgment in favor of McCullough Construction on its after-recorded mechanic’s lien and dismisses Rori Property’s appeal of judgment as it’s untimely and also dismisses appeal of denial of motion for relief from judgment.
Sherry K. Kohues v. State of Indiana (NFP)
30A04-1208-CR-393
Criminal. Affirms revocation of probation and remands for an amendment of the abstract of judgment to reflect good time credit.
Ricky J. Gellinger v. State of Indiana (NFP)
48A04-1204-CR-200
Criminal. Affirms revocation of probation.
Indiana Court of Appeals
State of Indiana v. Daniel E. Riley
78A05-1206-CR-311
Criminal. Reverses dismissal of Class B misdemeanor battery charges. Because the information was proper even with Indiana Gaming Agent Audrey Smoot as an affiant, and because there appears to have been no other basis for the dismissal (other than possibly a mistaken belief that an unauthorized investigation would affect the information), the trial court abused its discretion in granting the dismissal.
Calling it a “good first step” for school safety, Indiana Attorney General Greg Zoeller outlined a proposed bill that would create a uniform standard for the school resource officers.
Indianapolis attorney and developer Paul J. Page has agreed to cooperate with federal prosecutors in an investigation that also targets former Marion County Prosecutor Carl Brizzi.
The Indiana Court of Appeals found a Switzerland Circuit Court had no grounds to dismiss the information against a man charged with misdemeanor battery after jabbing the shoulder of a pit boss at Belterra Casino.
The Indiana Supreme Court, Court of Appeals and Tax Court posted no opinions by IL deadline.
7th Circuit Court of Appeals
United States of America v. Juan Ramirez-Fuentes
12-1494
U.S. District Court, Northern District of Indiana, Hammond Division, Chief Judge Philip P. Simon.
Criminal. Affirms convictions and 295-month sentence for possession with the intent to distribute 500 grams or more of methamphetamine and possessing firearms in furtherance of a drug-trafficking crime. Finds no plain error in admitting testimony about the possession of firearms, but testimony classifying the drug as “Mexican” methamphetamine shouldn’t have been allowed. Finds judge considered family situation when sentencing Ramirez-Fuentes.
Even though the 7th Circuit Court of Appeals was “disturbed” by a government agent’s improperly admitted testimony linking a defendant’s Mexican nationality to the methamphetamine at issue, the court declined to grant a new trial.