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Breach of contract

Aviation Professionals Institute, LLC v. Gary/ Chicago International Airport Authority

Wrongful death

Jennifer Murphy, as parent of Travis Tyler Hensley, deceased v. DB Mobile Home Park

Dog bite to child

Steven and Jessica Russell, as parent of Caroline Russell, a minor v. Charles and Sherry Baughman

Justices vacate transfer grant, reinstate COA ruling

The Indiana Supreme Court has decided to not consider a case that justices had granted transfer on late last year, reinstating
a lower appellate court’s ruling that a trial judge had abused her discretion in admitting a blood test in a drunken
driving case.

Disciplinary Commission asked to investigate its new leader

A Dearborn County commissioner is accusing the county attorney of wrongly accusing two officials of violating federal law
and wants the Indiana Supreme Court Disciplinary Commission to launch an investigation of its soon-to-be leader who starts
in that office in mid-June.

Justices rule on case about worker’s compensation, damages

Upholding a trial court ruling in a case stemming from a construction site accident, the Indiana Supreme Court has offered
guidance for future trials about how juries should calculate a plaintiff’s already-paid compensation benefits when determining
punitive damage awards.

Court rejects stale trash evidence argument

The Indiana Court of Appeals has rejected an argument that evidence found in a trash search was stale because no other garbage
had been collected in the past two weeks and that seized material could have been too old.

Opinions – May 26, 2010

7th Circuit Court of Appeals
Tracey Wallace
and Eric Wallace v. Jonathan S. McGlothan
07-4059
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Larry J. McKinney
Civil. Affirms jury verdict in favor of and damages in the amount of $700,000 to the Wallaces following their diversity suit
against Dr. McGlothan. The Wallaces sued Dr. McGlothan for medical malpractice following surgery he performed on Tracey Wallace
to correct her vision problems. The procedure ended up causing more harm than good.

House OKs child support-casino bill

Lawmakers have passed a bill that allows the Indiana Department of Child Services to more efficiently collect delinquent child
support, including a gaming intercept requiring casinos to check whether gamers are on a state delinquency list before releasing
large jackpots to them.

Juvenile justice bill passes Senate

A bill that incorporated suggestions from attendees and organizers of an Indiana State Bar Association-sponsored juvenile
justice summit last summer passed the Indiana Senate 45-3 Feb. 18.

Supreme Court analyzes appellate review rule on sentences

Addressing an issue that’s divided the state’s intermediate appeals judges, the Indiana Supreme Court has held
that review under Appellate Rule 7 may include consideration of a person’s total penal consequences within a trial court
sentence.

Opinions – May 25, 2010

Desmond Davidson v. State of Indiana
49S02-1001-CR-41
Criminal. Affirms trial court and agrees with Court of Appeals.
Finds that upon the review of sentence appropriateness under Appellate Rule 7, appellate courts may consider all aspects of
the penal consequences imposed by the trial judge in sentencing the defendant. Disapproves of the contrary views expressed
in Eaton, 825 N.E.2d at 1290–91; Pagan, 809 N.E.2d at 926; and Cox, 792 N.E.2d at 904.

IBA Frontlines

Don’t miss out on this year’s Bench Bar Conference at the Louisville Marriott Downtown. Hotel information and registration
for the conference can be found at www.indybenchbar.org.

IBA: Summer Picnic Family Fun

Judge Sheila Carlisle of Marion Superior Court, Tina Korty , Liz Polley and child enjoy friends and family at the summer picnic.