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Opinions Aug. 17, 2012

August 17, 2012

7th Circuit Court of Appeals
Amerisure Insurance Co. v. National Surety Corp. v. Scottsdale Insurance Co.
11-2762, 11-2771
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms breakdown that Amerisure, Scottsdale, and National are liable for $1 million, $1 million and $900,000, respectively, of the $2.9 million settlement a steel worker won after injuring himself on the job. Declines to apply the ‘mend-the-hold’ doctrine in this case, and Amerisure and National were not prejudiced by Scottsdale’s litigation conduct.

Judges uphold insurers’ share of settlement liability

August 17, 2012

A District judge did not err in how he apportioned liability among three insurers for payment of a settlement between an injured worker and a contractor, the 7th Circuit Court of Appeals held Friday.

AT&T technicians file lawsuit over lunch policy

August 17, 2012

Eleven AT&T technicians have filed a federal lawsuit seeking class-action status to collect unpaid wages and overtime, alleging the company compels them to work during unpaid lunch breaks.

Federal Rules website revamped, accepting comment on rule changes

August 17, 2012

The United States Courts’ Judicial Conference Advisory Committee on Appellate, Bankruptcy, Criminal, and Evidence Rules announced Friday that it is seeking comment on several proposed changes to the Federal Rules of Practice and Procedure, as well as changes made to its website. Officials hope the revamped website will be more user-friendly.

Trial court has no authority to alter man’s conviction

August 17, 2012

An Elkhart Superior judge was correct in determining that he couldn’t reduce a man’s Class D felony conviction to a Class A misdemeanor a year after the original judgment was made, the Indiana Court of Appeals ruled.

7th Circuit rules in favor of attorneys in failed business investment

August 16, 2012

A group of investors suing attorneys who worked on the establishment of two business entities – which later failed – were unable to show the 7th Circuit Court of Appeals that the attorneys owed the investors any legal duty.

Opinions Aug. 16, 2012 ILD

August 16, 2012

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
Stephen L. Burkes v. State of Indiana (NFP)
20A03-1112-CR-593
Criminal. Affirms conviction of Class D felony escape.

Tammy Lee Montgomery v. State of Indiana (NFP)
82A01-1201-CR-26
Criminal. Affirms finding of probation violation.

Opinions Aug. 16, 2012

August 16, 2012

7th Circuit Court of Appeals
Thomas Rosenbaum, et al. v. Beau J. White, et al.
11-3224
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Civil. Affirms summary judgment for the attorney defendants in a lawsuit filed by investors in a failed business alleging state and federal RICO violations, conversion, securities fraud, common-law fraud, civil conspiracy, and legal malpractice.

JNC’s justice candidate evaluation letter sent to governor

August 16, 2012

The Indiana Judicial Nominating Commission sent its letter to Gov. Mitch Daniels Wednesday explaining the qualifications of justice finalists Hamilton Superior Judge Steven Nation, Tippecanoe Superior Judge Loretta Rush, and Taft Stettinius & Hollister LLP partner Geoffrey Slaughter.

State fair settlement fails

August 16, 2012

Mid-America Sound Corp., one of two companies that offered an additional $7.2 million to victims of the Indiana State Fair stage collapse, announced it will not proceed with its offer after deciding not enough claimants accepted the settlement arrangement.

LSC says funding cuts will reduce staff, close offices

August 16, 2012

The Legal Services Corporation offices around the country will have to lay off staff – including 350 attorneys – due to funding cuts, according to a survey released Wednesday by the legal aid program.

Opinions Aug. 15, 2012 ILD

August 15, 2012

7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
In re the Term. of the Parent–Child Rel. of H.S. and N.S. and S.S. & D.S. v. Indiana Dept. of Child Services (NFP)
79A02-1112-JT-1200
Juvenile termination. Affirms termination of parental rights.

Douglas C. Holland v. Rising Sun/Ohio County First, Inc., Ohio County, Rising Sun, Quin Min, and Kirk and Michelle Neace (NFP)
58A01-1112-PL-616
Civil plenary. Affirms order denying Holland’s request to quiet title through adverse possession but reforming the deed in favor of defendants.

Tracy Lynn Weston, as Personal Representative of the Estate of Clinton Dale Weston, Deceased v. Scott D. Longevin, M.D., and Preferred Emergency Specialists, Inc. (NFP)
21A01-1112-PL-583
Civil plenary. Reverses grant of Dr. Longevin and Preferred Emergency Specialists’ motion for summary judgment and remands for further proceedings.

Tondalay Brown v. State of Indiana (NFP)
79A02-1111-CR-1038
Criminal. Affirms convictions of Class A felony possession of cocaine with intent to deliver and Class A misdemeanor possession of marijuana.

Joshua Ellis v. State of Indiana (NFP)
48A04-1203-CR-116
Criminal. Affirms revocation of probation and reinstatement of five years of previously suspended sentence.

Lloyd W. Mezick v. State of Indiana (NFP)
48A02-1112-CR-1170
Criminal. Affirms sentences for Class C felony nonsupport of a dependent child, Class D felony possession of a controlled substance, Class D felony intimidation, Class A resisting law enforcement, Class A misdemeanor battery on a police officer and two counts of Class B misdemeanor public intoxication.

Derek Dwane Hardy v. State of Indiana (NFP)
02A03-1109-PC-445
Post conviction. Affirms denial of petition for post-conviction relief.

D.J. v. State of Indiana (NFP)
49A02-1201-JV-29
Juvenile. Affirms adjudication as a delinquent child for committing what would be Class A misdemeanor intimidation if committed by an adult.

Floor Mart of Indiana, Inc., Annesse M. Covey, Cherly C. Covey, and William Covey v. Norman Fischer and Julie Fischer (NFP)
45A03-1111-PL-501
Civil plenary. Reverses summary judgment entered in favor of the Fischers on their complaint for fraud. Remands for further proceedings.

David M. Craft v. State of Indiana (NFP)
52A05-1203-CR-140
Criminal. Affirms sentence for Class C felony battery resulting in serious injury.

Victor Salazar v. State of Indiana (NFP)
79A02-1101-PC-150
Post conviction. Affirms denial of petition for post-conviction relief.

Larry Burns v. State of Indiana (NFP)
45A04-1111-CR-624
Criminal. Affirms conviction of murder.

Danny K. Peet v. State of Indiana (NFP)
20A05-1203-CR-185
Criminal. Affirms revocation of probation.

Vernon L. Mefford v. Lori Little and Jason McCord (NFP)
53A01-1110-SC-495
Small claims. Affirms judgment in favor of Little and McCord on Mefford’s claim for damages resulting from a breach of a lease of residential real estate.

Term. of Parent-Child Rel. of C.S., Jr., D.S., and J.S., minor children, and C.S., Sr., father v. Indiana Dept. of Child Services (NFP)
71A04-1111-JT-641
Juvenile termination. Affirms termination of parental rights.

Opinions Aug. 15, 2012

August 15, 2012

Indiana Court of Appeals
Reko D. Levels v. State of Indiana
82A01-1201-CR-25
Criminal. Reverses convictions of battery and public intoxication as Class B misdemeanors. Levels did not validly waive his right to a jury trial.

Couple’s trial strategy worked against them

August 15, 2012

A couple who consented to an entry of judgment on the evidence against them in a negligence claim in order to appeal the evidentiary rulings lost their case in the Indiana Court of Appeals.

Inmate’s public records request denied

August 15, 2012

An inmate at the Pendleton Correctional Facility was unable to identify with reasonable particularity the records he sought from the Fort Wayne Police Department, the Indiana Court of Appeals concluded Wednesday. The case also allowed the judges for the first time to address “reasonable particularity” under the Access to Public Records Act.

Judges order proceedings on guarantors’ liability

August 15, 2012

The Indiana Court of Appeals affirmed in part and reversed in part a dispute between a company and its mortgage holder regarding how money received from the city of Lawrenceburg as part of a settlement should be applied to the mortgage.

Conour now accused of taking $4.5M from clients

August 15, 2012

Special U.S. Attorney Richard Cox filed an information in federal court Tuesday which accuses William Conour of stealing more than $4.5 million from 25 clients.

Man did not validly waive right to jury trial

August 15, 2012

The Indiana Court of Appeals reversed a Vanderburgh County man’s misdemeanor convictions of battery and public intoxication, finding he did not waive his right to a jury trial.

Nurses may be expert witnesses in some standard of care disputes

August 15, 2012

The Indiana Court of Appeals declined Wednesday to create a blanket rule that nurses cannot qualify as expert witnesses under the Indiana Evidence Rule and testify as to whether a health care provider breached a standard of care or whether an alleged breach caused an injury.

Immigration law challenge moves forward in Northern District

August 15, 2012

U.S. Magistrate Judge Andrew P. Rodovich in Hammond Tuesday granted the state’s unopposed motion to lift the stay of a lawsuit in the Northern District challenging portions of Indiana’s immigration law dealing with employment.

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