In a 45-minute conversation with C. Erik Chickedantz, the accomplished lawyer and Vietnam veteran never boasted about his own accomplishments, although the many awards in his office are a testament to his service to Indiana’s legal profession.
The Marion County Bar Association is now on Facebook; IndyBar will honor award winners at its Nov. 29 luncheon.
An Indianapolis man will get an evidentiary hearing on whether the state’s $1.25 million cap on medical malpractice awards is unconstitutional.
A proposed draft rule would change waiver procedures in the juvenile justice system.
New Indiana Justice Steven David is settled but still finding his niche.
A committee formed by the new Indiana State Bar Association president wants to encourage attorneys to step away from their desks and find time for fitness and wellness.
An Indiana Supreme Court case involving an estate planning “trust mill” has led to a policy discussion about whether certain types of unauthorized practice of law should rise above a misdemeanor crime and involve a racketeering component.
A northern Indiana federal judge has ruled that the state must fully cover dental services that are medically necessary for Medicaid participants, and it can’t deny coverage exceeding a certain amount because that would prevent some low-income individuals the ability to get needed care.
The Indiana Court of Appeals has reversed a theft conviction and ordered a new trial for a man who was prohibited from discussing a lesser offense during closing argument.
7th Circuit Court of Appeals
Jessica J. Jelinek v. Michael J. Astrue, Commissioner of Social Security
10-3340
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Christopher A. Nuechterlein.
Civil. Reverses judgment of an administrative law judge that Jelinek’s collective mental and physical impairments were severe but not disabling. Reverses and remands for further proceedings on mother’s request for supplemental security income for daughter.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Quintico Goolsby v. State of Indiana (NFP)
49A02-1105-CR-396
Criminal. Affirms conviction of Class A misdemeanor battery.
David Burks-Bey v. Tippecanoe County Jail, et al. (NFP)
79A02-1101-MI-149
Miscellaneous. Affirms trial court’s dismissal of complaint for failure to prosecute, holding Burks-Bey put forth no reason for failing to pursue his case during two-plus years of inactivity.
Samuel L. Hobbs, Jr. v. State of Indiana (NFP)
18A04-1101-PC-46
Post conviction. Affirms denial of petition for post-conviction relief.
James Henry LaFramboise v. State of Indiana (NFP)
16A05-1104-CR-220
Criminal. Affirms conviction of Class A felony voluntary manslaughter.
Indiana Tax Court had posted no opinions at IL deadline.
7th Circuit Court of Appeals
Jessica J. Jelinek v. Michael J. Astrue, Commissioner of Social Security
10-3340
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Christopher A. Nuechterlein.
Civil. Reverses judgment of an administrative law judge that Jelinek’s collective mental and physical impairments were severe but not disabling. Reverses and remands for further proceedings on mother’s request for supplemental security income for daughter.
George P. Smith II, a visiting fellow at Indiana University's Center for Law, Ethics, and Applied Research in Health Information, will deliver the center's first public lecture in tribute to his late friend, former IU President Myles N. Brand.
A Marion Superior lawsuit is accusing Indiana of violating the state constitution by not collecting sales taxes from Amazon.com Inc.
The Indiana Supreme Court has denied a rehearing petition from the state attorney general’s office to revisit a June ruling that upheld three statutes involving juvenile judges’ authority on out-of-state placements.
The Indiana Court of Appeals ruled Friday that just because a worker injured on the job reaches the maximum amount of compensation allowed by state statute, that doesn’t mean that future care won’t be needed, and that may warrant additional payments in order to continue treating pain or injury from the underlying accident.
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
Liz Anderson, individually and as Personal Representative of the Estate of Jeff Anderson v.Gulf Stream Coach, Inc.
11-1064
U.S. District Court, Northern District of Indiana, South Bend Division, Magistrate Judge Christopher A. Nuechterlein.
Civil. Reverses District Court’s dismissal of the Andersons’ Indiana law claims for breach of express warranty and breach of implied warranty and their federal claims under the Magnuson-Moss Act on the grounds that the Andersons did not give Gulf Stream a reasonable opportunity to cure. Holds that the evidence supports their contention that they did give Gulf Stream a reasonable opportunity to cure. Affirms summary judgment in favor of Gulf Stream with respect to the Andersons’ claims for fraud and the commission of an “incurable” deceptive act. Remands for further proceedings.
Friday's opinions
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Anna Godby v. Syliva M. Groce (NFP)
33A04-1012-MI-779
Miscellaneous. Affirms trial court’s denial of motion to correct error after granting summary judgment for Groce on her action to quiet title.
Johnathon Chandler v. State of Indiana (NFP)
16A04-1102-CR-105
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license and Class C infraction operating a vehicle with expired plates.
Gary L. Green v. State of Indiana (NFP)
49A02-1103-CR-248
Criminal. Reverses denial of motion to compel an attorney to return documents and unearned fees, holding that the post-conviction court should hold a hearing to determine whether Green’s former attorney has any documents to which Green is entitled and whether the fees retained were unearned.
Dr. Kurt Kessler, M.D. v. Memorial Hospital and Health Care Center, a/k/a Little Company of Mary Hospital of Indiana, Inc., and Dr. Joseph Munning, M.D. (NFP)
51A01-1103-PL-103
Civil plenary. Affirms trial court’s grant of summary judgment in favor of Memorial Hospital and Health Care Center and Dr. Munning on Dr. Kessler’s complaint alleging fraud.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Randall Perkins v. Jayco, Inc.
93A02-1104-EX-361
Miscellaneous. Affirms Worker’s Compensation Board’s affirmation of a single hearing member, who had concluded that Perkins’ employer is not responsible for providing palliative care to Perkins. Holds that the board erred in concluding that a finding that Perkins had reached maximum medical improvement allows for an inference that future treatment is not needed, but held that the error was harmless as a doctor’s report indicated future medical treatments would not be causally related to Perkins’ work injury.
Indiana University will mark the 20th anniversary of the Nunn-Lugar Cooperative Threat Reduction Program with a symposium Nov. 11 on its Bloomington campus.
7th Circuit Court of Appeals had posted no opinions at IL deadline.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Michael Dodd and Katherine Dodd v. American Family Mutual Insurance Company
12A02-1010-CT-1414
Civil tort. Affirms in part and reverses in part summary judgment for American Family. There are disputes of material fact as to whether American Family effectively rescinded the policy and if it did not, whether it breached the policy by denying the Dodds’ claims. The trial court did not err by granting American Family’s motion for summary judgment on the claims for punitive damages and intentional infliction of emotional distress. Remands for further proceedings.