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Friday, June 26, 2009

Ind. Decisions - Court of Appeals issues 1 today (and 1 NFP)

For publication opinions today (1):

In Massood Jallali v. National Board of Osteopathic Medical Examiners, Inc., a 13-page petition for rehearing, Judge Barnes writes:

On February 26, 2008, NBOME filed a two-count complaint against Jallali in Marion County, Indiana. NBOME sought under count I a declaratory judgment that Jallali could not have access to any of the testing materials related to any of the nine examinations he took. Count II sought damages for breach of contract by Jallali, based on his bringing suit in Florida. On May 29, 2008, the trial court denied Jallali’s motion to dismiss NBOME’s complaint on the bases of comity and lack of personal jurisdiction. At the same time, the trial court granted partial summary judgment in favor of NBOME on count I of the complaint, concluding that Jallali could not access any of the testing materials for any of the examinations he took.

This appeal ensued. As we noted in our original opinion, Jallali properly is challenging both the denial of his motion to dismiss and the partial grant of summary judgment in favor of NBOME on count I of the complaint, but he cannot challenge a subsequent judgment the trial court apparently entered in NBOME’s favor on count II of the complaint after this appeal was initiated. * * *

We grant rehearing and vacate our original opinion in this matter. We now reverse the denial of Jallali’s motion to dismiss and grant of partial summary judgment in favor of NBOME with respect to any claims related to the first seven examinations Jallali took, affirm as to the last two examinations, and remand for further proceedings consistent with this opinion.

NFP civil opinions today (0):

NFP criminal opinions today (1):

Kevin L. Govan v. State of Indiana (NFP)

Posted by Marcia Oddi on June 26, 2009 12:38 PM
Posted to Ind. App.Ct. Decisions