The Indiana Law Blog: Indiana Decisions Archives

January 24, 2004

Indiana Decisions - Follow-up on 7th Circuit Curfew Ruling

"City looking for ways to revive state curfew," is the headline to this front-page story this morning in the Indianapolis Star. Some quotes:Indianapolis likely will ask the General Assembly to rewrite the state's curfew law after it was declared unconstitutional...

Posted by Marcia Oddi at 09:48 AM

January 23, 2004

Indiana Decisions - Three Opinions Released Today by Court of Appeals

Linda Johnson v. Parkview Health Systems (1/23/04 IndCtApp) [Wrongful Death] Sedona Development Group, Inc. v. Merrillville Road Limited Partnership (1/23/04 IndCtApp) [Contracts] Travis Stephens v. State of Indiana (1/24/04 IndCtApp) [Criminal Law & Procedure] ______________________________________________ The Supreme Court of Indiana...

Posted by Marcia Oddi at 01:11 PM

January 22, 2004

Indiana Decisions - 7th Circuit reverses SD Ind Ruling on Indiana Curfew Law

Hodgkins v. Peterson, Mayor of Indianapolis (1/22/04 USCA 7th Cir.) Rovner, Circuit Judge This was an appeal from the ruling of USDC SDInd; Tinder, Judge. As stated by the Court of Appeals in a 29-page opinion:A parent and her minor...

Posted by Marcia Oddi at 02:52 PM

Indiana Decisions - Three Posted Today by Court of Appeals

Jeremiah Beverly v. State of Indiana (1/22/04 IndCtApp) [Criminal Law & Procedure] Gerald L. Stokes v. State of Indiana (1/22/04 IndCtApp) [Criminal Law & Procedure] Walter McGill v. Jayne Franklin McGill (1/22/04 IndCtApp) [Family Law & Procedure]...

Posted by Marcia Oddi at 01:22 PM

January 21, 2004

Indiana Decisions - Five Opinions Posted Today

Antwain James Hines v. State of Indiana (1/21/04 IndSCt) [Criminal Law & Procedure] Star Wealth Management, Company v. Lloyd Brown (1/21/04 IndCtApp) [Torts] Donald Land v. State of Indiana (1/21/04 IndCtApp) [Criminal Law & Procedure] Marcella Keith, et al. v....

Posted by Marcia Oddi at 01:12 PM

January 20, 2004

Indiana Decisions - One ruling posted today by Court of Appeals

Dorothy McKnight v. Marion County Office of Family & Children (1/20/04 IndCtApp) [Family Law & Procedure]...

Posted by Marcia Oddi at 02:16 PM

January 16, 2004

Indiana Decisions - 7 opinions released today by Court of Appeals

Here of 6 of the opinions. The 7th, PSI Energy, Inc. v. The Home Insurance Company, et al., a 61-page major environmental cleanup / insurance decision with 20 different law firms listed (that was "affirmed in part, reversed in part,...

Posted by Marcia Oddi at 04:00 PM

January 15, 2004

Indiana Decisions - Opinions released today

Robert Henke v. State of Indiana (1/15/04 IndSCt) Criminal Law and Procedure; Constitutional Law Boehm, Justice Here all charges were based on Henke’s driving in the eastbound lanes of 96th Street where that street forms the boundary between Marion and...

Posted by Marcia Oddi at 02:29 PM

January 14, 2004

Indiana Decisions - One Court of Appeals Opinion Today

Midwestern Indemnity Company, et al. v. System Builders, et al. (1/14/04 IndCtApp) Insurance...

Posted by Marcia Oddi at 02:59 PM

Indiana Decisions - Court of Appeals and Tax Court Decisions Released Yesterday

Cathy & Mark Thayer v. Charles Vaughn (1/13/04 IndCtApp) Employment Law Chanelle Linet Alexander v. Jack Cottey, et al. (1/13/04 IndCtApp) Procedure Baker, Judge As stated by the Court, plaintiffs are:family members, friends, and attorneys who pay for collect telephone...

Posted by Marcia Oddi at 08:49 AM

January 13, 2004

Indiana Decisions - A number of Decisions Issued Today, from all Three Courts

First, from the Supreme Court, this brief Per Curiam opinion (in which Justice Dickson dissents), which appeared on the Court of Appeals site yesterday, apparently in error, and which is dated 1/9/04: State of Indiana v. Alan Lee Berryman (1/9/04...

Posted by Marcia Oddi at 02:59 PM

January 12, 2004

Indiana Decisions - Two from the Court of Appeals Today

Bart Alan Bales v. Sharon Lynn Bales (1/12/04 IndCtApp) - Family Law & Procedure James C. Mesarosh v. State of Indiana (1/12/04 IndCtApp) - Criminal Law & Procedure...

Posted by Marcia Oddi at 03:52 PM

January 11, 2004

Indiana Decisions - Addendum to Transfer List of Jan. 9, 2004

According to this story, headlined "State Supreme Court agrees to hear case; mayor's office hangs in balance," published Saturday, Jan. 10 in the Munster NW Indiana Times:EAST CHICAGO -- George Pabey's voter fraud case against Mayor Robert Pastrick will be...

Posted by Marcia Oddi at 10:08 AM

January 09, 2004

Indiana Decisions - 7th Circuit hears reargument in City of Lafayette case

The 7th Circuit yesterday heard reargument in banc in the case of John Doe v. City of Lafayette. See the Indiana Law Blog's original writeup of the case. As the Indianapolis Star wrote at the time, "Lafayette may not ban...

Posted by Marcia Oddi at 08:18 AM

January 08, 2004

Indiana Decisions - One Decision Today

Allstate Insurance Company v. Tim L. Scroghan (1/8/04 IndCtApp) - Civil Procedure - Allstate Insurance Company appeals from the trial court’s order requiring it to produce documents, which Allstate claims will cost approximately $12 million to produce. In response to...

Posted by Marcia Oddi at 03:01 PM

January 06, 2004

Indiana Decisions - One decision today

As noted in the Indiana Law Blog's New Year's resolution, starting in 2004 "the ILB will endeavor to at least list the general category of, and provide a link to, every decision of the Indiana appellate courts (Supreme, Appeals, and...

Posted by Marcia Oddi at 02:00 PM

December 31, 2003

Indiana Decisions - 7th Circuit Rules in Thermostat Case

Eco Mfg. LLC v. Honeywell Int'l Inc. (12/31/03 CA 7th Cir.) Easterbrook, Circuit Judge The Court here upholds the interlocutory decision of Judge Hamilton, SD Ind:Thus the district court did not abuse its discretion in holding that Eco may go...

Posted by Marcia Oddi at 04:30 PM

Indiana Decisions - Announcement

Since its inception in March of 2003, the Indiana Law Blog has attempted to highlight Indiana Supreme Court and Court of Appeals "decisions of interest" on the same day that they are issued. Of course, not everyone may agree as...

Posted by Marcia Oddi at 04:00 PM

Indiana Decisions - Supreme Court adddresses new questions in eminent domain proceeding

State of Indiana v. Stephen Bishop, et al. (12/31/03 IndSCt) Shepard, Chief Justice The questions, as set forward by the Court:This is an eminent domain proceeding in which the State condemned land adjoining an interstate highway in order to build...

Posted by Marcia Oddi at 02:53 PM

December 30, 2003

Indiana Decisions - Another FSSA case

Governor Joseph Kernan, et al. v. Richard Schindler, et al. (12/30/03 IndCtApp) Kirsch, Judge This is a short opinion on a petition for rehearing and would best be appreciated by reading in full. The issue is whether the trial court's...

Posted by Marcia Oddi at 04:32 PM

December 27, 2003

Indiana Decisions - More on gun ruling

Today's Indianapolis Star has this editorial, headlined "Blame gun dealers, not manufacturers," reacting to the Indiana Supreme Court's ruling of 12/23/03 that Gary may proceed with its 1999 lawsuit against gun manufacturers and dealer. The conclusion:Unscrupulous dealers may be to...

Posted by Marcia Oddi at 12:39 PM

December 23, 2003

Indiana Decisions - More on Gary handgun ruling

City of Gary v. Smith & Wesson Corp. (12/23/03 IndSCt) Here are some quotes on the case from this release from U.S. Newswire:In an important legal victory against the gun industry, the Indiana Supreme Court today unanimously ruled that the...

Posted by Marcia Oddi at 07:22 PM

Indiana Decisions - Municipality can sue handgun manufacturers

The opinion is not yet available online (and probably won't be available until tomorrow, as cases have been posted on the Court site already this afternoon). However, here is the Indianapolis Star's first take:The Indiana Supreme Court today cleared the...

Posted by Marcia Oddi at 03:43 PM

Indiana Decisions - Assignment of legal malpractice claims is contrary to public policy

Rosby Corporation v. Townsend, Yosha, Cline & Price (12/23/03 IndCtApp) Vaidik, Judge As stated by the Court: In this case, we are called upon to determine whether Picadilly, Inc. v. Raikos, 582 N.E.2d 338 (Ind. 1991), bars the assignment of...

Posted by Marcia Oddi at 01:59 PM

December 21, 2003

Indiana Decisions - Unauthorized practice of law

Levy v. State (11/26/03 IndCtApp) Sullivan, Judge As stated by the Court:Levy was charged with the unauthorized practice of law for his part in a real estate transaction. At the time, Levy was neither an attorney nor a real estate...

Posted by Marcia Oddi at 07:34 PM

December 18, 2003

Indiana Decisions - Applicability of Medical Malpractice Act and Child Wrongful Death Act

James B. Breece, et al. v. Stephen Lugo, et al. (12/18/03) Ratliff, Senior Judge As stated by the Court, the issues in this case are two:I. Whether the trial court erred in determining as a matter of law that Indiana...

Posted by Marcia Oddi at 08:21 PM

Indiana Decisions - Denial of rezoning was arbitrary and capricious

Chester Borsuk, et al. v. Town of St. John (12/18/03 IndCtApp) Baker, Judge The western half of Borsuk's parcel is zoned for residential use, while the eastern half is zoned for commercial use. The entire block on which Borsuk’s land...

Posted by Marcia Oddi at 08:07 PM

Indiana Decisions - Prescriptive easements and easements of necessity

Dustin Todd Wolfe v. Brooke Wolfe Gregory, et al. (12/18/03 IndCtApp) Najam, Judge This decision has a good discussion of prescriptive easements and easements of necessity. A quote:Wolfe’s convenience is not relevant in determining whether to imply an easement of...

Posted by Marcia Oddi at 07:50 PM

Indiana Decisions - Court of Appeals Names Sent to Governor

Now there are three, according to this release from Chief Justice Shepard's office:Three finalists have been selected for the upcoming Court of Appeals vacancy created by Judge Sanford Brook’ resignation, Chief Justice Randall T. Shepard announced today. Six candidates were...

Posted by Marcia Oddi at 08:17 AM

December 17, 2003

Indiana Decisions - Opinion in D&M Healthcare Veto Challenge

D & M Healthcare, Inc., et al. v. Joseph E. Kernan (12/17/03 IndSCt) Boehm, Justice I have converted the 28-page opinion to PDF; it is available via the above link. This is useful because of the counsel list and the...

Posted by Marcia Oddi at 02:03 PM

Indiana Decisions - D&M Healthcare

The Supreme Court has issued its decision in D&M Healthcare, ruling that Governor O'Bannon's post-session veto and return of the bill at issue (HEA 1866) to the House of Representatives prior to the "first day" of the next convening of...

Posted by Marcia Oddi at 09:50 AM

December 15, 2003

Indiana Decisions - Huffman v. IDEM to be argued Thursday

As reported in this Nov. 25th entry, the Indiana Supreme Court has granted transfer in the case of Rosemary Adams Huffman v. Indiana Department of Environmental Management (IDEM) and Eli Lilly and Company, thereby vacating the 5/19/03 Indiana Court of...

Posted by Marcia Oddi at 05:28 PM

December 12, 2003

Indiana Decisions - Transfer List for Week Ending Dec. 12, 2003

Here is the Indiana Supreme Court transfer list for the week ending December 12, 2003. A link to earlier Indiana transfer lists is available here. (The lists are also always available via "Categories" in the right column.)...

Posted by Marcia Oddi at 09:37 AM

December 11, 2003

Indiana Decisions - Validity of consent is contested in adoption case

In Re: The Adoption of the Infant Child Baxter, Joseph & Jana Robbins v. Stephanie Baxter & Decoby Askew (12/9/03 IndSCt) Sullivan, Justice As related by the Court:After signing consents to the adoption of their baby, the biological parents attempted...

Posted by Marcia Oddi at 05:50 AM

December 09, 2003

Indiana Decisions - Ordinance held invalid as not a sufficiently definite standard

Another interesting civil law case is up for oral argument this week before the Indiana Supreme Court, this one set for 9 a.m. on Thursday, Dec. 11. You may watch it in person or online at that time, or later...

Posted by Marcia Oddi at 06:08 PM

Indiana Decisions - Does AOPA apply to quasi-state entities?

The Court of Appeals decision in M-Plan v. ICHIA was issued 3/7/03, only days before the Indiana Law Blog went into operation (on 3/16/03). As a result, I had no summary to turn to when I read this morning that...

Posted by Marcia Oddi at 01:38 PM

Indiana Decisions - Measure of damages in real estate fraud case

Juan L. Sanchez v. Gerald B. Benkie, et al. (12/8/03 IndCtApp) Bailey, Judge The facts in this case:In late 1996 or early 1997, Sanchez purchased 27.4 acres of land in LaPorte County, Indiana for $30,000.00. There was a high water...

Posted by Marcia Oddi at 01:09 PM

December 08, 2003

Indiana Decisions - More on Candidates for Court of Appeals Opening

Now there are six, according to this release from Chief Justice Shepard's office:The Indiana Judicial Nominating Commission has identified six candidates who will return for a second round of interview for the upcoming vacancy on the Indiana Court of Appeals,...

Posted by Marcia Oddi at 05:23 PM

December 05, 2003

Indiana Decisions - Regional water and sewage districts jurisdiction

City of North Vernon v. Jennings Northwest Regional Utilities (12/5/03 IndCtApp) Najam, Judge This case involves a jurisdictional dispute over who was authorized to provide sewer services to Sand Creek Elementary School, the Jennings Northwest Regional Utilities (JNRU) or the...

Posted by Marcia Oddi at 02:37 PM

Indiana Decisions - 7th Circuit Vacates Ind. District Court in Gambling Decision and Cites Sanction Rule

WILLIAMS, DAVID N. v. AZTAR INDIANA GAMING (12/5/03 USCA 7th Cir.) Flaum, Chief Judge In the words of the Court:David M. Williams is a compulsive gambler who gambled away his life savings at Casino Aztar. He sued defendants in federal...

Posted by Marcia Oddi at 01:39 PM

December 04, 2003

Indiana Decisions - 7th Circuit decides Indiana bankruptcy appeal

Mellon Bank v. Dick Corporation (12/4/03 USCA 7th Cir) Easterbrook, Circuit Judge The Court here reversed and remanded the opinion of the SD Ind in a bankruptcy dispute involving Qualitech Steel.Bankruptcy law entitles debtors’ estates to recover preferential transfers, including...

Posted by Marcia Oddi at 01:28 PM

December 03, 2003

Indiana Decisions - Candidates for Court of Appeals Opening

"The Indiana Judicial Nominating Commission will interview 12 candidates for the upcoming vacancy on the Indiana Court of Appeals, the state’s intermediate appellate court, Chief Justice Randall T. Shepard announced today. The opening is for the seat now held by...

Posted by Marcia Oddi at 05:31 PM

Indiana Decisions - Restrictive covenants against "trailers"

Charles Renfro v. Nancy McGuyer, et al. (12/3/03 IndCtApp) Sullivan, Judge The lower court concluded that Homeowners were entitled to summary judgment as a matter of law upon their claim that Renfro violated a restrictive covenant for the subdivision in...

Posted by Marcia Oddi at 02:48 PM

November 27, 2003

Indiana Decisions - More on Procedural Aspects of D&M Healthcare

In a November 20, 2003 Indiana Law Blog entry, titled "An important procedural aspect of D&M Healthcare," I briefly discussed the application of Indiana Appellate Rule 58: Effect of Supreme Court Ruling on Petition to Transfer, to an evenly divided...

Posted by Marcia Oddi at 05:30 PM

November 25, 2003

Indiana Decisions - Re Motion to Transfer for Incorrect Venue

Brian Linky, et al. v. Midwest Midrange Systems, et al. (11/25/03 IndCtApp) Baker, Judge As stated by the court:Appellant-defendant Brian Linky raises one issue in this interlocutory appeal of right under Indiana Appellate Rule 14(A)(8): whether the trial court abused...

Posted by Marcia Oddi at 03:51 PM

Indiana Decisions - Question of whether juror's statement was prejudicial

Vlado Naumoski, et al. v. Miguel & Janet Bernacet (11/25/03 IndCtApp) Baker, Judge As stated by the Court:Appellants-defendants Vlado Naumoski, Great American Lines, Inc., Independent Contractors Leasing Corporation, and AFA Enterprises (collectively, “Naumoski”) appeal the trial court’s granting of appellees-plaintiffs...

Posted by Marcia Oddi at 03:24 PM

Indiana Decisions - Duty of care to business invitee

Sheryl L. Thayer v. James Whitcomb Riley Festival Association, et al. (11/25/03 IndCtApp) Riley, Judge The issue: whether the trial court erred in granting summary judgment in favor of the Riley Festival based on its finding that the Riley Festival...

Posted by Marcia Oddi at 03:16 PM

Indiana Decisions - Supreme Court grants transfer in AOPA standing case

The Indiana Supreme Court has granted transfer in the case of Rosemary Adams Huffman v. Indiana Department of Environmental Management (IDEM) and Eli Lilly and Company, thereby vacating the 5/19/03 Indiana Court of Appeals decision on the standard one must...

Posted by Marcia Oddi at 12:41 PM

November 24, 2003

Indiana Decisions - 7th Circuit Vacates District Court Opinion and Remands Challenge to ProLiance under Sherman Act

U.S. Gypsum v. Indiana Gas and ProLiance Energy (11/24/03 7th Cir.) EASTERBROOK, Judge Some quotes of interest from this decision:When Indiana Gas and Citizens Gas formed ProLiance, USG and several other customers asked the Indiana Utility Regulatory Commission to block...

Posted by Marcia Oddi at 06:44 PM

Indiana Decisions - re setting aside a default judgment for excusable neglect

Pat & Kim Coslett, et al. v. Weddle Brothers Construction Company, et al. (11/20/03 IndSCt) Dickson, Justice This appeal challenged the trial court's ruling setting aside default judgments for excusable neglect. The Court of Appeals reversed in a memordandum decision....

Posted by Marcia Oddi at 12:16 PM

November 21, 2003

Indiana Decisions - Applicability of Attractive Nuisance Doctrine

Jayla Morningstar, et al. v. Brian & Elizabeth Maynard (11/21/03 IndCtApp) Mathias, Judge Here the Court ruled: "The doctrine of attractive nuisance is inapplicable to the case at bar."The first step in resolving premise liability cases is to determine the...

Posted by Marcia Oddi at 02:35 PM

Indiana Decisions - Court of Appeals reverses trial court re a TRO obtained by DNR

Larry Bowyer v. Indiana Department of Natural Resources (11/21/03 IndCtApp) Barnes, Judge Because Bowyer, who is purchasing on contract a campground located on the southern shore of Lake Cicott in Cass County, continued to engage in construction activities in Lake...

Posted by Marcia Oddi at 02:20 PM

November 20, 2003

Indiana Decisions - Doctrine of reformation applied in dispute over easement

S & S Enterprises v. Marathon Ashland Petroleum (11/20/03 IndCtApp) Najam, Judge This case invloved a boundary dispute between S&S Enterprises and Marathon. S&S claimed that:Marathon was trespassing on its property and sought injunctive relief accordingly. S & S further...

Posted by Marcia Oddi at 04:47 PM

Indiana Decisions - An important procedural aspect of D&M Healthcare

In the Indiana Law Blog's October 3, 2003 entry on D&M Healthcare, the "vetoed bills" case (check here for all ILB entries on this case), I discussed the oral argument before the Indiana Supreme Court the day before, and noted:...

Posted by Marcia Oddi at 02:09 PM

November 19, 2003

Indiana Decisions - 7th Circuit rules again on two Indiana religous discrimination cases

On June 28 the Indiana Law Blog reported on two decisions involving, as stated at the time:questions of discrimination against individuals because of their religious beliefs. The first, Benjamin Endris v. Indiana State Police, concerns a former state trooper who...

Posted by Marcia Oddi at 06:49 PM

Indiana Decisions - Supreme Court Suspends Indianapolis Attorney for Six Months

In the Matter of Alexandra J. Caputi (11/17/03 IndSCt) Per Curiam As stated by the court, in part:The Disciplinary Commission charged the respondent, Alexandra J. Caputi, with failure to act with reasonable diligence in handling a client’s case and failing...

Posted by Marcia Oddi at 09:59 AM

November 18, 2003

Indiana Law - Star story on 2003 vetoes

A story today in the Indianapolis Star discusses both the vetoes eligble for override by this (2004) General Assembly, and the past vetoes in dispute as a result of the lower court rulings in D&M Healthcare (access earlier ILB postings...

Posted by Marcia Oddi at 11:29 AM

November 16, 2003

Indiana decisions - Two from Court of Appeals

A number of opinions were issued by the Court of Appeals Friday, including these two: GKN Co., formerly known as Gust K. Newberg Construction Company v. Starnes Trucking, Inc. (11/14/03 IndCtApp) Robb, Judge Here the trial court granted Starnes' motion...

Posted by Marcia Oddi at 10:59 AM

November 13, 2003

Indiana Decisions - Restrictions on corporate law transfers

F.B.I. Farms, Inc., et al. v. Birchell More (11/13/03 IndSCt) Boehm, Justice The Indiana Supreme Court today ruled:We hold that as a general proposition, restrictions on corporate share transfers may require approval of the transfer by the corporation’s Board of...

Posted by Marcia Oddi at 05:25 PM

Indiana Decsisions - TRO halts enforcement of new Indianapolis adult bookstore ordinance

"Adult bookstore law blocked by U.S. judge: X-rated business wins temporary order preventing city from enforcing ordinance." So reads the headline today in this story from the Indianapolis Star. The lead:A federal judge has put the city's new adult bookstore...

Posted by Marcia Oddi at 07:24 AM

November 12, 2003

Indiana Decisions - Specific performance

Clyde Perfect and Ella Mae Perfect v. Michael McAndrew (11/12/03 IndCtApp) Sharpnack, Judge The Court's intro:Clyde and Ella Mae Perfect (the “Perfects”) appeal the trial court’s judgment granting specific performance of a contract to sell real estate to Michael E....

Posted by Marcia Oddi at 02:32 PM

November 11, 2003

Indiana Law - Fire Marshall and Attorney General dispute continuation of fireworks case

A brief story in the Indianapolis Star last Friday (11/7/03) reported that Indiana's Attorney General said his officewas conceding a lengthy court fight over a requirement that fireworks distributors obtain a $1,000 certificate for each wholesale location. The office said...

Posted by Marcia Oddi at 07:36 AM

Indiana Decisions - Disciplinary ruling on Judge Spencer

In Re: Frederick R. Spencer (11/7/03 IndSCt) Per curiam This opinion details the changes against Judge Spencer, and the sanctions imposed. The Supreme Court's November 7th release on this matter was reported in this ILB entry....

Posted by Marcia Oddi at 06:55 AM

November 07, 2003

Indiana Decisions - Supreme Court Suspends Madison Circuit Judge Frederick R. Spencer

In a release issued today, the Indiana Supreme Court announced:The Indiana Supreme Court ruled today that Judge Fredrick R. Spencer, Madison Circuit Court, committed judicial misconduct in his handling of a special prosecutor request in 2002, and ordered a 30-day...

Posted by Marcia Oddi at 04:20 PM

November 05, 2003

Indiana Decisions - Contract Breach as a Negligence Claim; Economic Loss

Greg Allen Construction Company, Inc. v. Daniel L. and Sondra E. Estelle (11/5/03 Ind SCt) Shepard, Chief Justice As stated by the Court:A corporation breached its contract with private homeowners by performing substandard work on renovations. The trial court granted...

Posted by Marcia Oddi at 02:29 PM

October 31, 2003

Indiana Decisions - Marion County Superior Court rules that Indiana law does not allow groups to challenge administrative agency decisions unless the groups are directly harmed

Marion County Superior Court Judge Michael Keele ruled this week that:[A]n organization or membership association does not satisfy the jurisdictional standing requirement of IC 4-21.5-3-7(a)(1)(B) by stating facts that demonstrate that its members are aggrieved or adversely affected by the...

Posted by Marcia Oddi at 03:39 PM

Indiana Law - More on my paper on the separation of powers in Indiana

On Monday I published here a note that I was making my 27-page paper, titled "Maintaining the balance of power between the legislative and executive branches of Indiana state government post 1941," available via The Indiana Law Blog because of...

Posted by Marcia Oddi at 09:12 AM

October 30, 2003

Indiana Decisions - Attorney General Rules Constitution Prohibits Diminishment of the Common School Fund

The Attorney General's opinion: "It is our opinion that to the extent House Enrolled Act 1001 (Public Law 224-2003) requires the Treasurer to diminish the principal of the Common School Fund, it is unconstitutional as a violation of Article 8...

Posted by Marcia Oddi at 04:13 PM

Indiana Decisions - Piercing Corporate Veil

Escobedo v. BHM Heal Associates, Inc. et al (10/29/03 IndCtApp) Mathias, Judge Per the opinion:The employees (“Employees”) of BHM Health Associates, Inc. (“BHM”) filed suit in the Superior Court of Lake County against BHM, Donna Huddleston (“Huddleston”), Leona Bonczek (“Bonczek”),...

Posted by Marcia Oddi at 02:28 PM

Indiana Decisions - Jury instruction challenge

Monterey P. Morgen v. Ford Motor Company (10/29/03 IndSCt) Sullivan, JusticeA jury rejected Monterey P. Morgen’s claim that Ford Motor Company was responsible for the serious injuries he suffered as a back seat passenger in an automobile accident. The Court...

Posted by Marcia Oddi at 02:09 PM

Indiana Decisions - Use of public funds for parochial schools

Veronica Embry v. Frank O'Bannon, et al. (10/29/03 IndSupCt) Dickson, Justice This was an appeal from a summary judgment denying relief in an action brought by four Indiana taxpayers against Governor Frank O'Bannon and Superintendent of Public Instruction Suellen Reed...

Posted by Marcia Oddi at 02:02 PM

October 28, 2003

Indiana Decisions - An interesting case of construction of a city ordinance

Naomi & Grant Stewart v. City of Indianapolis (10/28/03 IndCtApp) Kirsch, Judge After Naomi and Grant Stewart’s dog, Sheba, bit a child on three different occasions, the City of Indianapolis brought suit against them for violating the ordinance addressing the...

Posted by Marcia Oddi at 04:44 PM

October 24, 2003

Indiana Decisions - Economic loss theory explored

Lawrence & Judy Gunkel v. Renovations, Inc., et al. (10/24/03 IndCtApp) Baker, J. The Court's introduction:The law occasionally—almost uncannily—throws together parties and counsel within what seems a close degree of kinship. Here, appellants-plaintiffs Lawrence and Judy Lynn Gunkel—through their attorney...

Posted by Marcia Oddi at 07:05 PM

Indiana Decisions - Applellate Court reviews Inlow children's appeal

Jason L. Inlow, et al. v. Anita Inlow (10/24/03 IndCtApp) Riley, Judge In this appeal the Inlow children are challenging the trial court's grant of summary judgment in favor of Appellee-Defendant Anita C. Inlow. Lawrence W. Inlow (Inlow) died intestate...

Posted by Marcia Oddi at 06:47 PM

October 21, 2003

Indiana Decisions - Court of Appeal issues a number of opinions today

The Indiana Court of Appeals made available a number of opinions today. Included among them were the following: Jerry Thacker v. Margaret & Jack Wentzel, Jr. (10/17/03) Brook, Judge Thacker (pro se) appeals from the trial court’s order granting summary...

Posted by Marcia Oddi at 05:10 PM

October 18, 2003

Indiana Decisions - Ex Parte Milligan military tribunal case reenacted

There is a nice article in today's Indianapolis Star on the celebration of the 100th anniversary of our Federal Courts Building. The Federal District Court, Southern District of Indiana, has information about the U.S. Courthouse Centennial here on its website....

Posted by Marcia Oddi at 11:14 AM

October 17, 2003

Indiana Decisions - Results of Indianapolis Ballot Dispute Compromise

The Indianapolis Star this morning has a good graphic showing the results of the comprimise reached on the Indianapolis ballot dispute, and comparing the old and new looks. For earlier coverage on this controversy, check here and here....

Posted by Marcia Oddi at 07:27 AM

October 14, 2003

Indiana Decisions - Grandparents' rights, but unique facts

Edward Wilson and Deborah Wilson v. Sharon Cloum (10/14/03 IndCtApp) Brook, Chief Judge Here the Wilsons appeal the trial court’s grant of the petition for visitation of appellee-petitioner Sharon Cloum (“Grandmother”). The facts here are unique. Jeffery and Michelle were...

Posted by Marcia Oddi at 04:54 PM

Indiana Decisions - Citizens Action appeal denied

Citizens Action v. NIPSCO (10/14/03 IndCtApp) Baker, Judge The Court's introduction:Appellants-intervenors Citizens Action Coalition of Indiana, United Senior Action of Indiana (collectively, CAC), and Fourteen Individual Intervenors (FII) appeal an order from the Indiana Utility Regulatory Commission (IURC) accepting a...

Posted by Marcia Oddi at 04:28 PM

October 12, 2003

Indiana Decisions - Does the Indiana Wrongful Death Act limit recovery under the Indiana Medical Malpractice Act?

Timothy R. Chamberlain, M.D. v. Richard Steven Walpole (10/6/03 IndCtApp) Brook, Chief Judge The ruling states in part:Appellants contend that Walpole may not seek damages for the loss of his father’s love, care, affection, society, companionship, and services under the...

Posted by Marcia Oddi at 11:53 PM

October 11, 2003

Indiana Decisions - Courts of Appeals rules only one parent's approval necessary for minor's abortion

S.H. v. D.H., Opinion on Appellant's Motion to Stay and Opinion on Appellee's Motion to Reconsider (10/10/03 IndCtApp) Baker, Judge As the Court states in its OPINION ON APPELLANT’S MOTION TO STAY, where the Mother of the minor argued that...

Posted by Marcia Oddi at 08:20 AM

October 10, 2003

Indiana Decisions - Examining an ultimate authority's remand order under the AOPA

Zeller Elevator Company v. Debbie & Perry Slygh (10/9/03 IndCtApp) Sharpnack, Judge Here the Company appealed the Indiana Civil Rights Commission's determination that Zeller sexually harassed Slygh and Perry.Slygh and Perry filed a complaint with the Indiana Civil Rights Commission...

Posted by Marcia Oddi at 09:45 AM

Indiana Decisions - Does the indemnity clause in the parties' agreement violate public policy?

Sequa Coatings Corporation v. Northern Indiana Commuter Transporation District (10/8/03 IndCtApp) Barnes, Judge This case addresses the question of whether the indemnity clause in the parties’ agreement violated public policy. As related in the opinion, NICTD, a municipal corporation, operates...

Posted by Marcia Oddi at 09:12 AM

Indiana Decisions - Attorney disciplined for failure to pay attorney fees

In the Matter of Travis Raymond Fox (10/9/03 IndSCt) Per Curiam As the opinion recites, the parties agree that for the year 2001-02, the respondent failed to pay his annual attorney registration and education fees, or to file an exemption...

Posted by Marcia Oddi at 08:42 AM

October 08, 2003

Indiana Decisions - U.S. Supreme Court denies cert to lawyer santioned for footnote in brief

As reported here in The Indiana Law Blog on July 27, 2003, Indianapolis lawyer Michael A. Wilkins, suspended from the practice of law for one month by the Indiana Supreme Court because of a footnote in a brief, hoped the...

Posted by Marcia Oddi at 12:38 PM

Indiana Decisions - Judge rules for Democrats in ballot dispute

"Democrats won nearly every provision of their lawsuit over Marion County’s controversial election ballot today — a decision that will force county officials to redesign and print an entirely new voting card in 27 days." This is the lead to...

Posted by Marcia Oddi at 11:56 AM

October 05, 2003

Indiana Decisions - Court of Appeals rules seat belt law does not apply to vehicles with truck plates

Owen v. State (9/30/03 IndCtApp) Baker, Judge The majority opinion reads in part:We are asked today to settle an issue of first impression in Indiana: Is a sport utility vehicle (SUV) that has been registered as a truck is a...

Posted by Marcia Oddi at 08:24 AM

October 03, 2003

Indiana Decisions - Supreme Court accepts transfer of D&M Healthcare

I watched the oral argument last evening; I urge anyone who has an interest in appellate practice or the Indiana constitution to view it -- it is available here via RealAudio. If you have not been following this case, it...

Posted by Marcia Oddi at 12:54 PM

Indiana Decisions - Same Sex Unions Ban Challenge in Court of Appeals

This story in today's Indianapolis Star reports:State officials asked the Indiana Court of Appeals on Thursday to uphold a lower court ruling that found the state is justified in prohibiting same-sex marriages. In a 55-page brief, Thomas M. Fisher of...

Posted by Marcia Oddi at 08:23 AM

October 02, 2003

Indiana Decisions - Judge Hamilton grants class-action status for IPALCO lawsuit

This story yesterday in the Indianapolis Star reported that U.S. District Court Judge David Hamilton granted class-action status "to a lawsuit accusing utility executives of dumping their stock before a merger. Tuesday's ruling . . . means nearly 2,000 IPALCO...

Posted by Marcia Oddi at 11:03 AM

Indiana Decisions - Don't forget, D&M Healthcare Argument This afternoon

The oral argument in D&M Healthcare, Inc. v. Indiana Family and Social Services Administration will be viewable live online today, Thursday, October 2 at 1:30 p.m., and also will be archived for later viewing, as are most if not all...

Posted by Marcia Oddi at 10:18 AM

October 01, 2003

Indiana Decisions - Court of Appeals declines to review East Chicago election ruling

According to this story on the Munster NWI Times website, the Indiana Court of Appeals yesterday dismissed George Pabey's call for a special election. Some quotes:The appeals court judges voted 2-1 without comment to let stand a lower-court decision this...

Posted by Marcia Oddi at 03:31 PM

September 30, 2003

Indiana Decisions - Editorial on Wetlands Ruling

The Fort Wayne News-Sentinel had an editorial yesterday on the Indiana Supreme Court's ruling in Twin Eagle....

Posted by Marcia Oddi at 07:57 PM

September 29, 2003

Indiana Decisions - Several new Court of Appeals Decisions

Byrd v. EBB Farms (9/26/03 IndCtApp) Riley, Judge The Byrds filed a complaint in Union County, Indiana, against E.B.B., Caldwell, and Schuck. In their complaint, the Byrds alleged that they owned a tree farm, which is adjacent to farmland owned...

Posted by Marcia Oddi at 07:13 PM

September 28, 2003

Indiana Decisions - Supreme Court rules on IDEM's authority to regulate wetlands not covered by federal law

Indiana Department of Environmental Management v. Twin Eagle LLC (9/23/03 IndSCt) Boehm, Justice Dickson and Rucker, JJ., concur. Sullivan, J., concurs in result with separate opinion in which Shepard, C.J., joins. [The Indiana Law Blog posted a brief entry on...

Posted by Marcia Oddi at 10:45 AM

September 27, 2003

Indiana Decisions - D&M Healthcare Odds & Ends

(1) The oral argument in D&M Healthcare, Inc. v. Indiana Family and Social Services Administration will be viewable live online, on Thursday, October 2 at 1:30 p.m., and also will be archived for later viewing, as are most if not...

Posted by Marcia Oddi at 03:30 PM

September 26, 2003

Indiana Decisions - D&M Healthcare, the Governor's brief on the "vetoed bills" decision

Having now had an opportunity to review the Governor's brief in the State's request to transfer the D&M Healthcare case to the Indiana Supreme Court, thereby vacating the Court of Appeals decision, there are several points to discuss. 1. Both...

Posted by Marcia Oddi at 10:18 AM

September 25, 2003

Indiana Decisions - 7th Circuit reverses N.D. Ind. in bankruptcy ruling

In re: Thomas O. Oakley (9/25/03 US CA 7th Circuit) Posner, Circuit JudgeThe question presented by this appeal is whether U.S. currency is “tangible” or “intangible” personal property within the meaning of an Indiana statute that places some of the...

Posted by Marcia Oddi at 06:08 PM

Indiana Decisions - First amendment's free exercise clause applied in case against Catholic Diocese for blacklisting and tortious interference

Beverly Brazauskas v. Fort Wayne-South Bend Diocese, Inc. (9/25/03 IndSCt) Shepard, Chief Justice Dickson, Boehm, and Rucker, JJ., concur. Sullivan, J., concurs in part and dissents in part with separate opinion. The Court's introduction:Appellant Beverly Brazauskas sued Father Jose Martelli...

Posted by Marcia Oddi at 05:43 PM

Indiana Decisions - Supreme Court addresses whether a parent may initially consent to the termination of her parental rights and later appear in open court and change her mind

Mary Neal v. In the Matter of Termination of Parent-Child Relationship (9/25/03 IndSCt) Rucker, Justice This decision begins:"This opinion resolves the question of whether a parent may initially consent to the termination of her parental rights and later appear in...

Posted by Marcia Oddi at 05:21 PM

September 24, 2003

Indiana Decisions - Three More from the Supreme Court

The Supreme Court has posted three other important or interesting opinions today, one dealing with (these are links to the opinions) abortion and medicaid, one with dog bites, and one dealing with breach of duty. [Update 9/25/03] Today's Indianapolis Star...

Posted by Marcia Oddi at 03:01 PM

Indiana Decisions - D&M Healthcare "vetoed" bills oral argument set for 1:30 on Thursday, October 2

During the oral arguments before the U.S. 9th Circuit Monday, on the California recall case, Judge Alex Kozinski asked whether the lower court judge had gotten the law right, or was he saying "close enough." I am reminded of that...

Posted by Marcia Oddi at 02:23 PM

Indiana Decisions - Supreme Court upholds zoning limits on number of unrelated adults in same home

Peter Dvorak v. City of Bloomington (9/23/03 IndSCt) Dickson, Judge [More later, meanwhile, the case is now available via the link above.] This case, from Bloomington, was decided yesterday, according to the press. It is not yet available online. Please...

Posted by Marcia Oddi at 07:29 AM

Indiana Decisions - Supreme Court upholds IDEM authority to regulate private ponds and isolated wetlands

Twin Eagle LLC v. Indiana Department of Environmental Management (9/23/03 IndSCt) Boehm, Justice Dickson and Rucker, JJ., concur. Sullivan, J., concurs in result with separate opinion in which Shepard, C.J., joins. [More on the decision later - meanwhile, it is...

Posted by Marcia Oddi at 07:13 AM

September 23, 2003

Indiana Decisions - Enforceability of gambling contract - choice of law issues

Kelly Bedle v. Susan Kowars (9/23/03 IndCtApp) Baker, Judge Judge Baker summed up the case as follows:In this case, we are presented with a classic choice of law question. If Indiana law prevails, the cause must proceed to trial. If...

Posted by Marcia Oddi at 04:29 PM

September 22, 2003

Indiana Decisions - Star reports Supreme Court will hear D&M Healthcare

[Updated Monday afternoon, see below] According to a story in the Indianapolis Star this morning, the Indiana Supreme Court has granted transfer in the D&M Healthcare case. This is the Court of Appeals decision holding that "vetoed" bills not returned...

Posted by Marcia Oddi at 08:18 AM

September 17, 2003

Indiana Decision - Covenant not to compete enforced against on-air radio personality

Pathfinder Communications Corporation v. Dave Macy (IndCtApp 9/17/03) Mathias, Judge The Court's introduction to this opinion summarizes the case:Pathfinder Communications Corporation (“WOWO”) filed a motion for preliminary injunction and a complaint requesting a temporary restraining order, preliminary and permanent injunctions,...

Posted by Marcia Oddi at 03:01 PM

September 16, 2003

Indiana Decisions - Removal of corporate directors where articles silent

Dennis Murray, Sr. v. Conseco, Inc. (Ind.S.Ct. 9/16/03) Boehm, Justice The Court summarizes its decision thusly:This case deals with the provisions of the Indiana Business Corporation law governing the removal of directors. Conseco, Inc. is an Indiana corporation organized under...

Posted by Marcia Oddi at 04:29 PM

September 10, 2003

Indiana Decisions - Courts of Appeals dismisses Antwann Randle El's petition to establish paternity

A ruling involving former Indiana University all-time star quarterback Antwaan L. Randle El, who is now in his second year as a wide receiver with the Pittsburgh Steelers,* was issued today by the Court of Appeals. Antwaan L. Randle El...

Posted by Marcia Oddi at 07:36 PM

September 04, 2003

Indiana Decisions - Effect of failure to inform suspect of attorney's presence

"Court backs defense attorneys' access to clients: Investigators must notify criminal suspects if a lawyer is waiting to see them, justices say," reads the headline this morning for this story in the Indianapolis Star. Some quotes from the story:Criminal investigators...

Posted by Marcia Oddi at 08:02 AM

August 30, 2003

Indiana Decisions - Court of Appeals Issues Five

Among the rulings issued 8/29/03 by the Indiana Court of Appeals are the following five: United States v. Estate of Breidenbaugh (IndCtApp 8/29/03) Bailey, Judge The issue here was whether the trial court erred by disallowing the IRS’s tax claim...

Posted by Marcia Oddi at 07:42 AM

Indiana Decisions - Star reports on impact of D&M Healthcare ruling

"Ruling could cost state $137 million: Nursing homes laud decision that would undo payment cuts," is the headline to this story in today's Indianapolis Star, which notes that "State officials plan to appeal to the Indiana Supreme Court." For a...

Posted by Marcia Oddi at 07:27 AM

August 28, 2003

Indiana Decisions - Effect of a forum-selection clause in the purchase agreement

Grott v. Jim Barna Log Systems (IndCtApp 8/28/03) Najam, Judge The issue was: "whether the trial court erred when it gave effect to a forum-selection clause in the parties’ purchase agreement." The Court here affirmed.The Grotts maintain that the trial...

Posted by Marcia Oddi at 03:41 PM

August 27, 2003

Indiana Decisions - Three from the Court of Appeals

Among the decisions issued yesterday by the Indiana Court of Appeals were these three: Kristin R. Lashbrooks v. Maria H. Schultz (8/26/03 Ind.Ct.App.) Brook, CJ - concerns the sudden emergency doctrine and the trial court's instructions to the jury thereon....

Posted by Marcia Oddi at 07:31 AM

August 26, 2003

Indiana Decisions - Much anticipated decision in the Estate of Dellinger case issued

In the Matter of the Estate of: Samuel J. Dellinger, Sr., Deceased v. 1st Source Bank (8/26/03 IndSCt) Boehm, Justice An indication of the interest in this case is that while a single firm is listed for the appellant, the...

Posted by Marcia Oddi at 07:19 PM

Indiana Decisions - Application of Trial Rules to Small Claims Court

Edward Niksich v. Zettie Cotton (8/25/03 Ind.Ct.App.) Kirsch, Judge An issue here was "whether Ind. Trial Rule 12(B)(6) applies to small claims actions." The court ruled:Because the Small Claims Rules specify when a small claims court can dismiss a plaintiff’s...

Posted by Marcia Oddi at 12:41 PM

August 25, 2003

Indiana Decisions - Part IV-B. Reflections on the "Vetoed Bills" Decisions

Part IV-B. Wrap-up and Conclusions. [Note: For links to earlier entries, select "D&M Healthcare" from the Categories list in the right-hand column.] Indiana follows the Enrolled Bill Rule (Enrolled Act Doctrine) – doesn’t that mean that the Court can’t look...

Posted by Marcia Oddi at 08:13 PM

Indiana Decisions - September 2003 Sitting of the Supreme Court

The Indiana Supreme Court has posted its oral arguments schedule for September, 2003. Access it here. Access the Courts in the Classroom list of Supreme and Appellate Court arguments available live and on-demand online for September 2003 here....

Posted by Marcia Oddi at 04:25 PM

August 24, 2003

Indiana Decisions - Part IV-A. Reflections on the "Vetoed Bills" Decision

Part IV-A. Wrap-up and Conclusions. Who knew? There are more issues upon which to reflect than I had anticipated.... I do think a Q&A format might help here. (Note: These reflections are nothing more than my take on the issues;...

Posted by Marcia Oddi at 04:45 PM

August 22, 2003

Indiana Decisions - Trial Rule 79: Change of judge

Schultz v. Wolfe (IndCtApp 8/22/03) Sharpnack, Judge This 12-page opinion has a good discussion of change of judge issues:Lynette Schultz appeals the trial court’s denial of her motion for change of judge in a post-dissolution proceeding. Schultz raises one issue,...

Posted by Marcia Oddi at 03:21 PM

August 21, 2003

Indiana Decisions - Part III of reflections on the "vetoed bills" decision

[Access Part I and links to earlier entries here.] [Access Part II here.] Part III. More on the question of whether the General Assembly may "act" when it is not in session. Until the early 1990's, enrolled bills always had...

Posted by Marcia Oddi at 01:50 PM

Indiana Decisions - Part II of Reflections on the "Vetoed Bills" Decision

[Access Part I and links to earlier entries here.] Part II. Can delivery be asserted when there is no documentary evidence? After both houses of the General Assembly have passed a bill, it is ordered to enrollment, signed by the...

Posted by Marcia Oddi at 10:35 AM

August 20, 2003

Indiana Decisions - Issues relating to platting

Van Vactor Farms, Inc. v. Marshall Co. Plan Comm. (IndCtApp 8/20/03) Kirsch, Judge Affirmed. Here Van Vector Farms appealed the trial court's denial by the Marshall County Plan Commission of its application for preliminary plat approval for a proposed subdivision....

Posted by Marcia Oddi at 08:33 PM

Indiana Decisions - Indiana's anti-SLAPP statute

Poulard v. Lauth, et al. (IndCtApp 8/20/03) May, Judge In this interesting case Poulard, president of the Michiana Shores Town Council, acting pro se, brought an action against the News-Dispatch, a newspaper, and Lauth, who made statements to the newspaper.All...

Posted by Marcia Oddi at 08:26 PM

Indiana Decisions - Arbitration issues

Northern Indiana Commuter v. Chicago Southshore & South Bend RR (IndCtApp 8/20/03) Kirsch, Judge In Bopp v. Brames, 677 N.E.2d 629 (Ind. Ct. App. 1997), we noted that the purpose of arbitration is to afford parties the opportunity to reach...

Posted by Marcia Oddi at 07:54 PM

Indiana Decisions - No requirement that a condemnor file a lis pendens notice

Lake Central School Corp. v. Hawk Development (IndCtApp 8/20/03) BAKER, Judge In an interlocutory appeal the Court was:asked to hold that Lake Central School Corporation was required to file a lis pendens notice in order to extinguish any rights in...

Posted by Marcia Oddi at 07:41 PM

August 19, 2003

Indiana Decisions - Part I. Reflections on the "vetoed bills" decision, D&M Healthcare v. O'Bannon

Part I. Can the General Assembly act when it is not assembled in session? Until 1935 the Lieutenant Governor didn't have a State House day job. The Lt G's only job under the Constitution was (and is) to preside over...

Posted by Marcia Oddi at 04:30 PM

August 18, 2003

Indiana Decisions - Keller & Keller, one more time

"Verdict on lawyer ads is don't mislead" is the headline today to an editorial in the Indianapolis Star about the Indiana Supreme Court reprimand stating that Keller & Keller's ads "violated rules of professional conduct because they imply clients will...

Posted by Marcia Oddi at 07:48 AM

August 16, 2003

Indiana Decisons - More on Vetoed Bills Case

In an editorial published Saturday 8/16/03 in the Indianapolis Star, the Supreme Court is urged, in effect, to "let it go this time with a warning."Nobody wants to see new laws on the books simply because a procedure was violated....

Posted by Marcia Oddi at 02:59 PM

August 14, 2003

Indiana Decisions - Two recent grandparents' visitation decisions by the Court of Appeals

Spaulding v. Williams (IndCtApp 8/14/03) Najam, Judge This is the second grandparents' visitation decision the Court of Appeals has issued within a two week period and it is interesting that they appear as ships passing in a fog-bound night. In...

Posted by Marcia Oddi at 09:20 PM

Indiana Decisions - Links to the Governor's 2001 Veto Messages

Here is a list of the bills vetoed by the Governor in 2001 after the General Assembly had adjourned, with links to the veto message for each bill. Each message concludes with this sentence: "I hereby veto House [or Senate]...

Posted by Marcia Oddi at 08:00 PM

Indiana Decisions - More on the Court of Appeals vetoed bills opinion

The Star's lead on its story: "A sweeping appeals court ruling Wednesday on Gov. Frank O'Bannon's veto powers could mean scores of long-forgotten bills vetoed years ago would become law, say his top aides," brings to mind both: (1) a...

Posted by Marcia Oddi at 12:28 PM

August 13, 2003

Indiana Decisions - "Vetoed" bill(s) given new life by Court of Appeals

D&M Healthcare, Inc. et al. v. Frank O'Bannon, et al. (IndCtApp 8/13/03) May, Judge In an opinion with potentially far-reaching ramifications just issued, the Court of Appeals has ruled that failure of the Governor to follow the precise requirements of...

Posted by Marcia Oddi at 04:22 PM

Indiana Decisions - More on the Keller & Keller Ads

Backgrounding the Indiana Law Blog entry from last Friday, titled “Keller & Keller? Let’s settle this one,” is this AP story from back on July 25, 2001 about a similar ad campaign in North Carolina. The lead:RALEIGH, N.C. — A...

Posted by Marcia Oddi at 08:32 AM

August 11, 2003

Indiana Decisions - Commission on Judicial Qualifications Admonishes Elwood City Court Judge

The Indiana Commission on Judicial Qualifications today (to quote from its press release):issued a Public Admonition of Judge Veronica M. Roby, Elwood City Court, for a violation of the Code of Judicial Conduct, the rules of ethics for judges. Instead...

Posted by Marcia Oddi at 01:52 PM

August 08, 2003

Indiana Decisions - “Keller & Keller? Let’s settle this one.”

In the Matter of James R. Keller & In the Matter of S. Jack Keller (Ind.S.Ct. 8/8/03) Per Curiam You've seen the ads on television. As described in the opinion:The respondents purchased four television advertisements from a national marketing firm....

Posted by Marcia Oddi at 05:55 PM

August 06, 2003

Indiana Decisions - Issue of whether a therapist-patient relationship exists

Thayer v. OrRico (IndCtApp 8/6/03) Mathias, Judge Thayer was employed at Lafayette Clinic, Inc. at which Dr. Michael OrRico, a psychologist, maintained his professional practice. "During her employment at the Clinic, Thayer sought advice concerning problems she was having with...

Posted by Marcia Oddi at 03:56 PM

Administrative Law - What constitutes an order under AOPA?

Advantage Home Health Care v. Indiana State Dept. of Health (IndCtApp 8/6/03) Baker, Judge The issue in this case was whether the Indiana State Dept. of Health's (ISDH’s) “Statement of Deficiencies” and the accompanying “Letter of Correction” lodged against Advantage...

Posted by Marcia Oddi at 03:43 PM

August 05, 2003

Indiana Decisions - The equitable remedy of specific performance

Kesler v. Marshall (IndCtApp 8/5/03) Kirsch, Judge The facts here are as follows:On November 24, 1990, Kesler and Marshall entered into a purchase agreement under which Kesler agreed to purchase real property from Marshall. The parties executed a standard form...

Posted by Marcia Oddi at 02:18 PM

Indiana Decisions - Renter's Gazette: Newspaper or Handbill?

City of Indianapolis v. Cary Campbell (IndCtApp 8/5/03) Darden, Judge The Court here upholds the trial court's ruling that the City Code did not forbid distribution of the Renter's Gazette, as modified and published in 2002, to apartments in the...

Posted by Marcia Oddi at 02:05 PM

Indiana Decisions - Did railroad hold its "right of way" as easement or in fee simple?

Louisville & Indiana RR v. Indiana Gas (IndCtApp 8/4/03) Baker, Judge The Railroad brought action in trespass, licence rent, quantum meruit, and quantum valebant when Indiana Gas (IGC) ran its gas lines, without authorization, under the parcels of land claimed...

Posted by Marcia Oddi at 01:45 PM

August 01, 2003

Indiana Decisions - Grandparent visitation in Indiana (also Michigan's ruling yesterday)

In re the Visitation of C.H. (IndCtApp 7/31/03) Kirsch, Judge The Harrises appeal the trial court's denial of their petition for grandparent visitation. The trial court denied on the basis that the presumption that fit parents act in the best...

Posted by Marcia Oddi at 08:34 AM

July 29, 2003

Indiana Decisions - Governor Issues 60-day Stay of Execution

"Governor stalls execution; DNA will be tested: Darnell Williams had been scheduled to die Friday for 1986 murder of Gary couple," reads the Indianapolis Star headline this morning. Here is the story, and a quote:In an unprecedented move, Gov. Frank...

Posted by Marcia Oddi at 06:38 AM

July 28, 2003

Indiana Decisions - Definition of "person" in political advertising statute

In a decision dated 7/24/03 but released today on the Court's website, the Indiana Supreme Court has responded to the 7th Circuit's request:We therefore certify to the Indiana Supreme Court, pursuant to 7th Cir. R. 52 and Ind. Code §...

Posted by Marcia Oddi at 05:10 PM

July 27, 2003

Indiana Decisions - Wilkins appeals disciplinary decision to U.S. Supreme Court

"Indianapolis lawyer Michael A. Wilkins wants to take his free-speech case to the top," reports the Indianapolis Star in a brief item this morning in its "Behind Closed Doors" column. Access it here - it is the second story down....

Posted by Marcia Oddi at 11:30 AM

July 26, 2003

Indiana Decisions - DNA testing for death row inmate denied

"Inmate's call for DNA test is denied: State Supreme Court also won't allow new evidence in case as execution date nears," is the headline this morning to this story in the Indianapolis Star that begins:A federal judge [Judge Tinder] on...

Posted by Marcia Oddi at 08:05 AM

July 24, 2003

Indiana Decisions - Another Inadequate Description of Collateral Case

Fifth Third Bank v. Comark (IndCtApp 7/23/03) Sharpnack, Judge Another Court of Appeals opinion, Farm Credit Services v. Mitchell, issued 6/26/03, concerned the adequacy of the description of real estate under IC 26-1-9-110. Here the issue is IC 26-1-9-110 again,...

Posted by Marcia Oddi at 09:12 AM

July 23, 2003

Indiana Decision - $250,000 default judgment for unsolicited faxes affirmed

Core Funding Group v. James H. Young (IndCtApp 7/22/03) May, Judge Core is an investment banking firm that provides services to the legal community. Young is an attorney. Core sent to Young by facsimile an unsolicited advertisement for its services....

Posted by Marcia Oddi at 08:18 AM

July 22, 2003

Indiana Decisions - Agriculture: Inadequate description of crop collateral

Farm Credit Services v. Mitchell (IndCtApp 6/26/03) Kirsch, Judge Farm Credit Services of Mid-America, FLCA (“FCS”) appealed from the probate court’s ruling in favor of the Norman B. Mitchell Estate (“the Estate”) that the security agreement and financing statement between...

Posted by Marcia Oddi at 08:34 AM

Indiana Decisions - Agriculture: Duty to business invitees

Rhodes v. Wright Brothers' Farm (IndCtApp 6/26/03) Baker, Judge Representatives of the Estate of Dwaine Gurtz appeal the trial court's grant of summary judgment to Wright Brothers' Farm.Specifically, the Estate contends that the Wrights were liable for the conditions on...

Posted by Marcia Oddi at 08:30 AM

July 21, 2003

Indiana Decisions - Claim for Surveyor's Negligence

Gary & Lisa Crowe v. T.J. Boofter (IndCtApp 6/27/03) Darden, Judge The trial court granted sumary judgment to the surveyor, Boofter, in the Crowes' action alleging the negligent performance of a survey.On September 15, 1997, Boofter performed a Surveyor Location...

Posted by Marcia Oddi at 07:34 PM

Indiana Decisions - Court-appointed appraisers - prejudicial evidence

AGT, INC. v. CITY OF LAFAYETTE REDEVELOPMENT COMMISSION (IndCtApp 7/21/03) Friedlander, Judge The City of Lafayette, Indiana, Redevelopment Commission (the City) commenced an eminent domain proceeding to condemn certain real estate owned by AGT, Inc. Following a jury trial upon...

Posted by Marcia Oddi at 05:39 PM

July 20, 2003

Indiana Decisions - Two Indiana Court of Appeals Decisions

Barna Log Systems v. General Casualty Insurance (Ind.Ct.App. 7/17/03) Sharpnac, Judge "Barna Log" appealed the trial court's grant of summary judgment to insurers and the denial of Barna's motion. "The relevant facts designated by the parties follow. Barna Log is...

Posted by Marcia Oddi at 11:48 AM

July 18, 2003

Indiana Decisions - Mental Retardation and the Death Penalty

Allen v. State of Indiana (Ind.S.Ct. 7/15/03) This document is titled "An Order Concerning Successive Petition for Post-Conviction Relief in Capital Case." It is signed by Shepard, CJ. JJ Dickson and Sullivan concur. Boehm, J., dissents with opinion, in which...

Posted by Marcia Oddi at 08:40 AM

July 16, 2003

Environment - Sand and gravel mine denied

This story on this afternoon's Indianapolis Star website, headlined "Martinsville board votes against mine proposal," reports that the Martinsville Board of Zoning Appeals last evening turned down "Rockmakers' zoning exceptions to operate a mine in an area zoned for agriculture."...

Posted by Marcia Oddi at 02:56 PM

July 15, 2003

Indiana Decisions - The law will not enforce an illegal transaction

Monar v. Hurt (Ind.Ct.App. 7/15/03) Brook, Judge In this case:The facts most favorable to Monar as the non-moving party indicate that in approximately 1985, Monar and Hurt entered into an oral partnership to purchase, operate, and service amusement machines. Under...

Posted by Marcia Oddi at 08:16 PM

Indiana Decisions - Worker's Comp issue

Wernle, Ristine & Ayers v. Yund and The Kroger Company (Ind.S.Ct. 6/30/03) Dickson, Justice In this June decision, just posted today on the Court's site, the plaintiff, in a complaint "assailing the performance of Dr. Nash and his fees," refused...

Posted by Marcia Oddi at 07:56 PM

July 13, 2003

Indiana Decisions - Local zoning authority over solid waste landfills

Bd of Comm. of LaPorte County, et al. v. Town & Country Utilities, Inc. (Ind.Ct.App. 7/10/03) Sharpnack, Judge The issue here was the extent of the local government's zoning authority over a solid waste landfill's location within its jurisdiction. LaPorte...

Posted by Marcia Oddi at 01:00 PM

July 11, 2003

Indiana Decisions - Bankruptcy Court Bars Father-Daughter Team

"Bankruptcy court banishes pair of lawyers: Trustee condemns father-daughter team for alleged misconduct; others help clients." That is the headline from this story in today's Indianapolis Star. The story begins:A father-and-daughter attorney team -- barred from practicing in bankruptcy court...

Posted by Marcia Oddi at 05:53 AM

July 10, 2003

Indiana Decisions - Effect of Settlement After Petition for Transfer is Granted

Wontorski v. Williamsburg Mobile Homes, Inc. (7/9/03) In this Published Order Dismissing Appeal, by Brent E. Dickson, Acting Chief Justice of Indiana, the Court states:In this case, the Court of Appeals held that a contractual forum-selection clause established preferred venue...

Posted by Marcia Oddi at 09:45 PM

Law - New Federal Court Ruling on Marion County Jail Overcrowding

"Sheriff put in contempt for jail crowding: Federal judge orders fines for when Marion County Jail exceeds 1,135-inmate limit." The Indianapolis Star this evening reports here that:A federal judge found Sheriff Frank Anderson in contempt today for the dangerous and...

Posted by Marcia Oddi at 08:06 PM

Indiana Decisions - 7th Circuit Ruling in State Trooper Religious Freedom Case

"Appeals court rules against ex-trooper" is the headline of an AP story [now removed 7/11/03] that appears on the Indianapolis Star website this afternoon. Strangely, this story is soooo NOT news -- the decision was issued two weeks ago by...

Posted by Marcia Oddi at 01:10 PM

July 09, 2003

Indiana Decisions - Ruling re Same Sex Couples

Cornell v. Hamilton (Ind.Ct.App. 7/8/03) Kirsch, Judge A story available here from the Indianapolis Star reports on an Indiana Court of Appeals ruling Tuesday relating to same sex couples:The Indiana Court of Appeals dealt a blow to same sex couples...

Posted by Marcia Oddi at 06:09 AM

July 02, 2003

Law - Ku Klux Klan Tests Gary, Indiana Parade Ordinance

In an opinion issued today, July 2, 2003 by Judge Posner of the U.S. Court of Appeals for the 7th Circuit, the Court reversed the District Court's decision that dismissed, on grounds of mootness, the Church of the American Knights...

Posted by Marcia Oddi at 01:09 PM

July 01, 2003

Indiana Decisions - A brief look at several recent Indiana Supreme Court rulings

Here are the holdings in several decisions the Indiana Supreme Court handed down last week. The links are to the html versions on the Court's website. Michael Georgos & Pangere Corporation v. Claude Jackson (Ind.S.Ct. 6/26/03) Boehm, Justice "We hold...

Posted by Marcia Oddi at 07:57 AM

June 30, 2003

Indiana Decisions - Text of opinions now available

Good news! This afternoon I was able to access the sex offender registry decision I posed an entry on last Thursday, 6/26/03. You can now access that entry along with the opinion here. Also, the decision holding that school districts...

Posted by Marcia Oddi at 05:46 PM

June 29, 2003

Indiana Decisions - More on Superior Court Striking Down Death Penalty Law

Follwing up on our entry yesterday, this article titled "Death Penalty Law in Limbo Again" appears on the front page (albeit "below the fold") of the Sunday Indianapolis Star. Some quotes:For the second time in two years, a Marion Superior...

Posted by Marcia Oddi at 07:21 AM

June 28, 2003

Indiana Decisions - Marion County Superior Courts hear two

"Judge strikes down state death penalty" is the headline in this story in today's Indianapolis Star. A quote:Superior Court Judge Grant Hawkins found Indiana's law governing capital punishment unconstitutional and dismissed the death penalty against [the defendants]. In his rulings,...

Posted by Marcia Oddi at 09:04 AM

Indiana Decisions - 7th Circuit issues three

The federal Court of Appeals for the 7th Circuit has issued rulings in three Indiana cases. As reported here in this morning's Indianapolis Star:Lafayette may not ban a convicted sex offender from its parks because of his immoral thoughts, a...

Posted by Marcia Oddi at 08:13 AM

Indiana Decisions - School districts not immune from liability for violent acts committed at schools

Nicholas S. King v. Northeast Security, Inc. (Ind.S.Ct. 6/27/03) Rucker, Justice "Victims can go after schools: Indiana Supreme Court clears way for suits by those who are assaulted." This is the headline this morning in a story in the Indianapolis...

Posted by Marcia Oddi at 07:54 AM

June 27, 2003

Indiana Decisions - Punitive Damages II

Stroud v. Lints (6/25/03) Boehm, Justice This decision follows on the Court's 5/3/30 opinion in Cheatham v. Poole, upholding the constitutionality of Indiana's punitive damages allocation statute, IC 34-51-3-6, which provides that an award of punitive damages is to be...

Posted by Marcia Oddi at 01:05 PM

June 26, 2003

Indiana Decisions - Court Approves Online Sex Offender Registry

John Doe v. Catherine O'Connor (Ind.S.Ct. 6/26/03) Sullivan, Justice According to a story posted late this afternoon on the Indianapolis Star website, the Indiana Supreme Court has issued an opinion "clear[ing] the way for launching an online sex offender registry,...

Posted by Marcia Oddi at 05:41 PM

Indiana Decisions - Supreme Court reaffirms availability of the public standing doctrine

Cittadine v. Indiana Department of Transportation (INDOT) et al (6/24/03) Dickson, Justice This appears to be an opinion of major significance in Indiana. Relator-appellant Jack Cittadine appealed from the trial court's denial of his petition for emergency and permanent writ...

Posted by Marcia Oddi at 08:17 AM

June 25, 2003

Indiana decisions - Soil contamination does not render title unmarketable

Humphries v. Ables (Ind.Ct.App. 6/16/03) Sullivan, Judge One of the issues in this case was whether the presence of contamnation affected marketable title. The court said it was "aware of no Indiana case addressing the issue of whether marketable title...

Posted by Marcia Oddi at 07:29 AM

June 23, 2003

Indiana Decisions - Voyerism

Saxton v. State of Indiana (Ind.S.Ct. 6/20/03) Shepard, Chief Justice Can a trial court infer that someone caught standing on an air conditioner staring into a woman’s bathroom at 5 a.m. who runs off rather forcefully when challenged was a...

Posted by Marcia Oddi at 06:26 PM

June 22, 2003

Indiana decisions - rulemaking

Indiana Family & Social Services Adm. v. Amhealth (Ind.Ct.App. 6/19/03) Mattingly-May, Judge The question here was whether the emergency rule was properly promulgated. The trial court held the regulations were not adopted in conformity with IC 4-22-2-19.5, or PL 291-2001,...

Posted by Marcia Oddi at 04:56 PM

Indiana decisions - Protective orders

Essany v. Bower (Ind.Ct.App. 6/19/03) Najam, Judge The Court reversed and remanded this decision. Essany had sought a protective order for stalking. Although her attorney requested that Essany be allowed to take the stand, the trial court did not allow...

Posted by Marcia Oddi at 04:27 PM

June 18, 2003

Indiana Decisions - In today's papers

Today's Indianapolis Star had coverage of the oral argument before the Indiana Court of Appeals yesterday in the case of City of Indianapolis v. Campbell. Here is the background from the Star:Three appellate judges on Tuesday heard arguments from attorneys...

Posted by Marcia Oddi at 07:39 PM

June 17, 2003

Indiana Decisions - Construction of Landlord/Tenant Security Deposits Statute

Lae v. Householder (Ind S.Ct 6/9/03) Boehm, Justice This is a case where a controversy over a $500 apartment security deposit started in Allen County small claims court and ended before the Indiana Supreme Court. Under the Security Deposits statute,...

Posted by Marcia Oddi at 03:08 PM

June 11, 2003

Indiana Decisions - Duty (if any) to rescue a person in distress

Stockberger v. United States (US CA 7th Cir. 6/11/03) Posner, Judge How Appealing reports this afternoon on a decision today by the 7th Circuit affirming a decision by Judge McKinney (US DC SD Ind.). The Court: "The claim invites consideration...

Posted by Marcia Oddi at 02:57 PM

Indiana Decisions - Admissibility of blood samples taken by force

Hannoy v. State of Indiana (Ind.Ct.App. 6/10/03) Barnes, Judge The Indianapolis Star headline this morning on its story reporting the Court's ruling: "Taking blood samples by force is illegal, court rules: Decision striking down sheriff's policy overturns conviction of man...

Posted by Marcia Oddi at 08:00 AM

June 10, 2003

Indiana Decisions - Exhaustion of administrative remedies

Young v. Indiana Department of Natural Resources (Ind.Ct.App. 6/9/03 Robb, Judge The facts set out by the decision are as follows: Young became a conservation officer for the DNR in October 1979. From 1979 through 1990, Young and the other...

Posted by Marcia Oddi at 10:50 AM

June 09, 2003

Indiana Decisions - Open Door Law

Hinojosa v. Hammond Board of Public Works (Ind.Ct.App. 6/3/03) Riley, Judge Plaintiff appeals the trial court's finding that the Board's final action of firing him should not be voided. Plaintiff claims the Board's action should be voided as a result...

Posted by Marcia Oddi at 07:55 AM

June 06, 2003

Indiana Decisions - Construction statute of repose bars asbestos-related action

J.M. Foster, et al. v. Spriggs (Ind.Ct.App. 6/5/03) Mattingly-May, J. The Court ruled that plaintiff's action "is barred by the construction statute of respose, as the contractors did not mine and sell asbestos and [plaintiff's] alleged injury arose out of...

Posted by Marcia Oddi at 10:27 AM

June 05, 2003

Indiana Decisions - Territorial limits required in covenants not to compete

Predrag Vukovitch v. Donald R. Coleman and International Magnaproducts, Inc. (Ind.Ct.App. 6/5/03) Mattingly-May, J. The Court's introduction here really sums up the decision:Predrag Vukovich appeals the grant of a preliminary injunction prohibiting him from competing against International Magnaproducts, Inc. (“IMI”)...

Posted by Marcia Oddi at 03:46 PM

June 03, 2003

Indiana Law - New articles

The May 2003 issue of Res Gestae, the Journal of the Indiana State Bar Association, arrived yesterday in my mailbox and includes the article Elizabeth L. DuSold and I authored: "Assuring Adequate Notice and Enforceability of Environmental Covenants: A Key...

Posted by Marcia Oddi at 08:01 AM

June 02, 2003

Indiana Decisions - Constitutionality of Indiana punitive damages allocation statute

Doris Cheatham v. Michael Pohle (Ind.S.Ct. 5/30/03) Boehm, J. (Shepard and Sullivan concur; Dickson dissents with separate opinion, in which Rucker concurs) Indiana's punitive damages allocation statute, IC 34-51-3-6, provides that an award of punitive damages is to be paid...

Posted by Marcia Oddi at 08:10 PM

June 01, 2003

Indiana Decisions - Supreme Court to hear Dellinger v. 1st Source Bank

The Indiana Supreme Court granted transfer on 5/20/03 for: Estate of Samuel J. Dellinger, Sr., Deceased v. 1st Source Bank. For background, you may access our May 11, 2003 entry on the appellate court opinions: As we noted then:The issue,...

Posted by Marcia Oddi at 06:15 PM

Indiana decisions - Construction of political advertising statute

The 7th Circuit Court of Appeals, in the case of Brian Majors et al. v. Marsha Abell, et al., decided 1/23/03, reversed the federal District Court's decision dismissing the case for lack of subject matter jurisdiction. Judge Posner wrote the...

Posted by Marcia Oddi at 05:44 PM

May 31, 2003

Indiana Decisions - Every good dog gets one bite in Indiana

Poznanski v. Horvath (Ind SCt 5/30/03) Rucker, J. A mixed-breed sheepdog named "Hey" had never bitten anyone and was well-behaved:No one had ever complained about Hey, and he did not usually wander out of Horvath’s yard. On July 23, 1997,...

Posted by Marcia Oddi at 08:25 AM

May 30, 2003

Indiana Decisions - Construction of will; Court cites to internet dictionary

Oneida Kelly v. Estate of Jimmie "JJ" Johnson (Ind CtApp 5/29/03) Mattingly-May, J. The issue in this case : "Whether the trial court erred when it interpreted 'all the remaining living room furniture' to mean 'everything in the living room...

Posted by Marcia Oddi at 09:02 AM

May 26, 2003

Indiana Decisions - Wetlands, Rulemaking

Not yet scheduled for oral argument before the Indiana Supreme Court, but pending, is the case of Twin Eagle LLC v. Indiana Department of Environmental Management. An "Order on Pending Motions and Entry of Summary Judgment" in Twin Eagle was...

Posted by Marcia Oddi at 05:49 PM

Indiana Decisions - planning and zoning

Story Bed & Breakfast v. Brown County (Ind CtApp. 5/21/03) Brown County v. Broe (Ind CtApp. 5/21/03) Mathias, Judge Brown County's land use practice and procedures suffered blows last week in two separate opinions handed down by the Indiana Court...

Posted by Marcia Oddi at 11:23 AM

May 23, 2003

Indiana Decisions - Responsibility of Appellant Pro Se

Stephen F. Ramsey v. Review Board of the Indiana Department of Workforce Development (Ind. Ct.App. 2/27/03) Friedlander, Judge [Note: Although dated 2/27/03, this case was made available online just yesterday, 5/22/03] Proceeding pro se, Appellant Ramsey appealed the determination of...

Posted by Marcia Oddi at 08:33 AM

May 22, 2003

Indiana law - Protective order statute

An excellent and very important article titled "Protective order statute murky: Further amendments, Court of Appeals opinion could help clarify eligibiilty," is the lead story in the May 21-June 3, 2003 issue of the Indiana Lawyer, available on newstands now....

Posted by Marcia Oddi at 07:49 AM

May 20, 2003

Indiana Decisions - Standing in administrative actions

Rosemary Adams Huffman v. Indiana Department of Environmental Management (IDEM) and Eli Lilly and Company (Ind. Ct.App. 5/19/03) Vaidik, Judge Shortly after IDEM issued Lilly a renewal of its NPDES permit for its Greenfield facility, plaintiff Huffman filed a petition...

Posted by Marcia Oddi at 07:57 AM

May 18, 2003

Indiana Decisions - Agency

Carlson Wagonlit Travel v. Moss (Ind. Ct.App. 5/16/03) Baker, Judge Plaintiffs-Appellees were three couples who planned to take a cruise to Hawaii. At Carlson Travel they discussed travel plans with a travel agent and reviewed the brochures of different tour...

Posted by Marcia Oddi at 06:24 PM

May 14, 2003

Indiana Decisions - Court has no subject matter jurisdiction over ecclesiastical matters

Emmanuel House of Prayer Church of God in Christ, Inc. v. The Rt. Reverend Milton L. Hall (Ind. Ct.App. 5/13/03) Darden, Judge In this case, a dispute over who was to be lead pastor of a new church formed from...

Posted by Marcia Oddi at 01:13 PM

May 11, 2003

Indiana decisions - Number of signatures required on will; statutory construction

An unattributed item titled "A life of its own"appears in Sunday's Indianapolis Star weekly column, "Behind Closed Doors." Access it here (you will need to scroll a little more than half-way down the Star's page to find it). The Star...

Posted by Marcia Oddi at 08:00 PM

May 07, 2003

Indiana Decisions - Gay and Lesbian Rights

In a story reported today in the Indianapolis Star (access the story here), the Superior Court of Marion County yesterday (5/7/03):dismissed a lawsuit seeking to lift a ban on gay marriages in Indiana. The Indiana Civil Liberties Union said it...

Posted by Marcia Oddi at 04:43 PM

May 06, 2003

Indiana Decisions - Employing Suspended or Disbarred Attorney in Law Office

In the Matter of Anonymous (Ind.S.Ct. 5/5/03) Per Curiam The Court issued a private reprimand to an attorney who hired an attorney who had been suspended from the practice of law to work in her law office, first as a...

Posted by Marcia Oddi at 11:11 AM

May 02, 2003

Indiana Decisions - Access to records

In a 47-page opinion issued today, May 2, 2003, the Indiana Court of Appeals has ruled in the case of The Indianapolis Star v. The Trustees of Indiana University. (Access the decision here.) As you basketball fans will recall, this...

Posted by Marcia Oddi at 03:40 PM

May 01, 2003

Indiana Decisions - 1995 abortion law changes now operative

In a page one story titled "Abortion law kicks in after 8-year battle: Counseling will require extra trip to clinic," today's Indianapolis Star reports (access the story here):Beginning today, Indiana women seeking appointments for abortions will be told they must...

Posted by Marcia Oddi at 06:27 AM

April 29, 2003

Indiana Decisions - Abortion

In a story in today's Indianapolis Star headed "Hearing today on abortion mandate: State law requiring in-person counseling before procedure has never taken full effect," (access the story here) the Star reports that: Indiana is one of only a handful...

Posted by Marcia Oddi at 08:43 AM

April 28, 2003

Indiana Decisions - Ex parte communications

In the Matter of Anonymous (Ind.S.Ct. 4/25/03) Per Curiam The Disciplinary Commission contended that, by communicating with the judge in connection with the restraining order without notifying the husband, Respondent violated Ind. Professional Conduct Rule 3.5 (b) which provides that:...

Posted by Marcia Oddi at 02:17 PM

April 26, 2003

Indiana Decisions - Duty of gun owners, more

The new issue of the Indiana Lawyer (April 23 - May 6, 2003) has a front page story headlined "Proper care required of gun owners: State Supreme Court's landmark opinion allows family to sue owners of gun used to kill...

Posted by Marcia Oddi at 10:16 AM

April 22, 2003

Indiana Decisions - Regulatory Takings

The Indiana Court of Appeals on Monday, 4/21/03, issued an important decision concerning regulatory takings. The case is Town of Georgetown v. Sewell, and it may be accessed here. The case is difficult to summarize, but here goes (paraphrasing from...

Posted by Marcia Oddi at 08:14 AM

April 16, 2003

Indiana Decisions - Negligent sterilization procedure, damages

In a 3-2 opinion dated 4/15/03, the Indiana Supreme Court held: "damages for an allegedly negligent sterilization procedure may not include the costs of raising a subsequently conceived normal, healthy child." J. Dickson wrote: Although raising an unplanned child, or...

Posted by Marcia Oddi at 06:02 PM

Indiana Decisions - Regulatory Takings, Attorney Fees

The April 14-20, 2003 Indianapolis Business Journal at page 15 reported that "The Court of Federal Claims in Indianapolis has reaffirmed an earlier judgment in the case of Rose Acre Farms v. United States, and awarded the Seymour-based egg producer...

Posted by Marcia Oddi at 01:31 PM

April 15, 2003

Indiana Decisions - Access to Court Documents

In a story today headlined "Documents 'Public" But Kept from View," (access it here), the Indianapolis Star reports: A Hamilton County court decision has made the financial records of a privately owned global-accounting firm public, but they remain shielded from...

Posted by Marcia Oddi at 01:04 PM

April 14, 2003

Administrative law - Standard of review upon summary judgment

In Indiana Bell d/b/a Ameritech v. Time Warner Communications (4/14/03), an appeal from the Indiana Utility Regulatory Commission (IURC), the Indiana Court of Appeals discussed the applicable standard of review where the IURC had entered summary judgment: Initially, we address...

Posted by Marcia Oddi at 06:38 PM

April 11, 2003

Indiana Decisions - Dealing with Election of Candidates Ineligible for Office

In decisions yesterday, the Madison County Superior Court decided what happens when individuals, who are not statutorily eligible to hold elective office because of past felony convictions, are in fact elected to office and are then challenged by the losing...

Posted by Marcia Oddi at 08:36 AM

April 09, 2003

Indiana Decisions - Tort or Contract in Indiana?

Another interesting 7th Circuit decision, issued 4/7/03, Lewis v. Methodist Hospital, takes on the task of deciding whether the Indiana Supreme Court would characterize the claim before it as a tort or a contract: Our task is to predict how...

Posted by Marcia Oddi at 08:04 PM

April 08, 2003

Indiana Decisions - Duty of gun owners

The Indiana Supreme Court yesterday (4/7/03) ruled unanimously, in an opinion written by Chief Justice Shepard, that "Guns are dangerous instrumentalities that in the wrong hands have the potential to cause serious injuries. It is a responsible gun owner’s duty...

Posted by Marcia Oddi at 06:55 AM

March 30, 2003

Indiana Decisions - Special laws

City of South Bend v. Kimsey, et.al. (Ind.S.Ct. 1/15/03). Boehm, J. In a much discussed opinion issued earlier this year, the Indiana Supreme Court ruled: Article IV, Section 23 of the Indiana Constitution prohibits special legislation where a general law...

Posted by Marcia Oddi at 12:05 PM

March 28, 2003

Indiana Decisions - Indianapolis City/County Council Map

Peterson v. Borst (Ind.S.Ct. 3/19/03) [Access Appendices here] Per curiam This opinion begins: At issue in this appeal is the validity of the redistricting plan for the City-County Council of the City of Indianapolis and of Marion County, Indiana (“Council”),...

Posted by Marcia Oddi at 02:17 PM

March 27, 2003

Indiana Decisions - Asbestos Statutes of Limitation/Repose

In a series of decisions issued Tuesday, 3/25/03, the Indiana Supreme Court analyzed the interaction between, and the constitutionality of, two statutes governing lawsuits alleging injuries caused by products (IC 34-20-3-1), and special rules in asbestos cases (IC 34-20-3-2). The...

Posted by Marcia Oddi at 02:00 PM

March 24, 2003

Indiana Decisions - Attorney "Specializing in"

In the Matter of Anonymous (Ind.S.Ct. 3/4/03) Per Curiam The Court issued a private reprimand to two attorneys for violating the Rules of Professional Conduct for Attorneys at Law by advertising themselves as "specialists" when they had not been certified...

Posted by Marcia Oddi at 11:57 AM

March 20, 2003

Administrative Law - Rulemaking

Indiana Family & Social Services Adm. v. Walgreen (Ind.S.Ct. 5/28/02) Shepard, C.J. To address a Medicaid shortfall, FSSA conducted a rulemaking to reduce the drug dispensing fee. The permanent rule, first published 4/1/01, was effective 9/28/01. While the permanent rule...

Posted by Marcia Oddi at 05:36 PM

March 18, 2003

Administrative Law - Exhaustion of Remedies

State Board of Tax Com. v. Ispat Inland (Ind.S.Ct. 3/6/03). Shepard, C.J. The Indiana Tax Court, after rejecting a challenge to its subject matter jursidiction, enjoined the Lake Co. Bd. of Comm. from outsourcing a personal property tax audit to...

Posted by Marcia Oddi at 10:25 PM