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Monday, March 03, 2008

Ind. Decisions - Court of Appeals issues 2 today (and 6 NFP)

For publication opinions today (2):

In Jenean Roland and Carl J. Roland v. Kristen Shelton, a 14-page opinion, the inssue was whether the federal law pre-emplted state law claims re seatbelt design. Sr. Judge Hoffman writes:

In support of their view that FMVSS 208 is a minimum safety standard that may be augmented by state common law, the Rolands cite a 1980 letter sent to General Motors and other automobile manufacturers by Joan Claybrook, then administrator of NHTSA, in which she encouraged manufacturers to install lap/shoulder belts and air bags and described federal safety standards as “minimum standards.” Appellants’ App. at 311, 585. We conclude that a letter from a single NHTSA administrator, written nine years before the version of FMVSS 208 at issue here, is not indicative of NHTSA’s regulatory scheme as that scheme is set forth in Geier and various regulations.

We hold that the Rolands’ common law tort action is pre-empted on the narrow grounds that it conflicts with the deliberate and comprehensive regulatory scheme set forth in FMVSS 208. We do not join the above-cited courts in finding pre-emption based upon the broader grounds that any regulation which affords a choice to a manufacturer pre-empts the state action.

In Tom Shetler, Sr. and Suzan Nicholson v. Linda K. Durham, a 6-page opinion, the issue, as stated by Sr. Judge Hoffman, was "Whether the trial court erred as a matter of law by interpreting Ind. Code § 5-4-1-9 to allow an elected official to secure her bond after the date she was scheduled to take office.." The holding:
[W]e hold that the trial court was correct in determining that Ind. Code § 5-4-1-9 does not require Durham, the choice of the people for Knight Township Trustee, to forfeit her office absent evidence of fault on her part. Furthermore, because the Board does not argue or the record indicate the existence of such fault, the trial court’s determination must stand. Affirmed.

NFP civil opinions today (3):

Cheryl Koopmans-Clark v. Kenneth J. Clark (NFP) - "According to the unambiguous language of the prenuptial agreement, Wife agreed to sign a waiver of her rights to Husband’s retirement and pension plans, and—given the dissolution proceedings—the time has now come for her to do so. Accordingly, the trial court properly determined that the plans are Husband’s individual property and ordered Wife to execute the necessary paperwork waiving her rights in them. We affirm."

Janet Wilke v. Erie Insurance, Fink & Co., Inc., and Last Chance Wrecker & Sales (NFP) - "Wilke is correct that Fink’s motion to set aside the default judgment did not specifically mention a meritorious defense. However, at the time he filed the motion to set aside, Fink had already filed an answer to Wilke’s complaint, which denied liability. Therefore, the trial court had before it filings which advised it that Fink had a meritorious defense."

In the Matter of R.W. and M.W.; and D.W. v. Lake County Dept. of Child Services (NFP) - "On appeal, Mother claims she was denied her constitutional right to due process when the termination hearing was held in her absence and without the benefit of counsel. Mother further asserts that the juvenile court’s judgment terminating her parental rights to her children was not supported by clear and convincing evidence. Concluding that Mother’s constitutional right to due process was not violated and that the juvenile court’s judgment was supported by clear and convincing evidence, we affirm."

NFP criminal opinions today (3):

Douglas Pirtle v. State of Indiana (NFP)

Ryan J. Howell v. State of Indiana (NFP)

Aaron Williams v. State of Indiana (NFP)

Posted by Marcia Oddi on March 3, 2008 10:39 AM
Posted to Ind. App.Ct. Decisions