Writing for a unanimous 7th Circuit Court of Appeals panel, U.S. Judge David Hamilton authored an opinion Tuesday full of what he calls “telephonese.” The opinion delves into a small business’s disputed phone bill charges and how those matters are governed by state and common law.
The Indiana Court of Appeals has ruled on an issue that has not directly been addressed by statute or caselaw, holding that paying a civil penalty to stop a tax sale of property doesn’t cancel out an appeal questioning that assessment’s validity.
The Indiana Court of Appeals has affirmed the trial court’s dismissal of the Murat Temple Association’s claim that Live Nation Worldwide violated terms of its lease agreement.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Harrion Dixon v. State of Indiana (NFP)
49A02-1101-CR-35
Criminal. Affirms conviction of Class B misdemeanor public intoxication.
Jeffrey L. Turnmire v. State of Indiana (NFP)
03A01-1101-CR-41
Criminal. Affirms aggregate sentence for Class C felony operating a motor vehicle while intoxicated causing serious bodily injury and Class D felony operating a vehicle as a habitual traffic violator.
Steven Young v. State of Indiana (NFP)
49A02-1012-CR-1326
Criminal. Affirms convictions of Class D felony theft and Class D felony pointing a firearm.
Kurt St. Angelo v. State of Indiana (NFP)
51A01-1105-IF-189
Infraction. Affirms trial court’s judgment that St. Angelo committed a Class C infraction of speeding.
Michael S. Fahlbeck v. Bryan Bucklen, et al. (NFP)
20A03-1102-PL-54
Civil plenary. Affirms trial court’s award of attorney fees to Bucklen, et. al., holding that Fahlbeck waived his argument on appeal because it was not properly asserted at the trial court level.
Winfred Jefferson v. State of Indiana (NFP)
02A05-1103-CR-191
Criminal. Affirms sentence following guilty plea to Class D felony theft.
Jose Cruz v. State of Indiana (NFP)
49A02-1012-CR-1343
Criminal. Affirms conviction of Class C felony child molesting.
Johnny Joe Olinger v. State of Indiana (NFP)
83A01-1012-CR-668
Criminal. Affirms sentence for Class B misdemeanor disorderly conduct.
Kenny Mong v. State of Indiana (NFP)
89A01-1012-CR-662
Criminal. Reverses sentence for two counts Class A felony dealing in cocaine, finding the sentence is inappropriate in light of the offense and character of the offender and that the trial court’s statements at sentencing conflicted with the sentence imposed.
Term. of Parent-Child Rel. of N.D.; H.D. and D.D. v. I.D.C.S. (NFP)
40A05-1101-JT-17
Juvenile termination of parental rights. Affirms termination of parental rights for mother and father.
Cartier D. Tasby v. State of Indiana (NFP)
27A05-1010-CR-710
Criminal. Affirms convictions of Class D felony residential entry, Class D felony theft, and Class A misdemeanor resisting law enforcement.
Purl Robert Silk III v. State of Indiana (NFP)
20A04-1008-CR-584
Criminal. Affirms the trial court’s denial of Silk’s petition to file a belated notice of appeal, holding that Silk was not diligent in requesting permission to file a belated notice of appeal.
Indiana Tax Court had posted no opinions at IL deadline.
7th Circuit Court of Appeals
Lady Di’s, Inc. v. Enhanced Services Billing, Inc., and ILD Telecomunications, doing business as ILD Teleservices, Inc.
10-3903
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms District Court’s denial of plaintiff’s request for class certification and grant of the defendants’ motions for summary judgment on the unjust enrichment and statutory deception claims, holding Indiana “anti-cramming” regulation does not apply to the defendants because they are not telephone companies and did not act in this case as billing agents for telephone companies.
The Indiana Supreme Court has appointed three new members to the Disciplinary Commission. Trent A. McCain of Merrillville, Andi M. Metzel of Indianapolis, and Nancy Cross of Carmel will each serve a five-year term. They replace Tony Zappia of South Bend, J. Mark Robinson of New Albany, and Sally Zweig of Indianapolis.
In an appeal of the denial of a proposed class-action lawsuit based on the finding the attorney was inadequate to represent the class, the 7th Circuit Court of Appeals noted that the attorney’s demeanor on appeal didn’t help his cause.
Do you know what the term “articling” means? I did not until recently, but it is quite relevant to the discussions swirling around about the value and importance of a law school education.
This fall, the IndyBar Pro Bono Standing Committee will rejuvenate its School Education Advocacy Program through collaboration with FosterEd, a project of the National Center for Youth Law.
When asked about the areas of law in which I practice, I say, among others, business law and litigation. Inevitably I am greeted with a curious look and a cocked head similar to a dog that has just heard a strange noise.
The U.S. Court of Appeals for the Federal Circuit issued a ruling July 29 in a case that raised fundamental questions about the patentability of human genes.
Indiana’s casinos have blocked payouts to hundreds of state gamblers who are behind on their child support payments during the past year.
See who has joined Indiana firms, who has been honored, and who has opened new locations.
Fred Vaiana gives Anchor Bar in Buffalo, NY 4 gavels!
A new law merges what guidelines had previously only recommended.
As the number of domestic partnerships increases, more couples are seeking legal agreements.
Attorney Bill Beyers writes about a new law enacted by the Legislature that has made it easier for people with a criminal history to obtain employment.
An Indianapolis attorney hopes he can help spread the word in the legal community about the need for potential blood and bone marrow donors.