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Opinions May 2, 2014

May 2, 2014
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U.S. 7th Circuit Court of Appeals
The following opinion was issued after IL deadline Thursday

Sarah E. Frey, Kevin Enright and Protect Our Woods Inc. v. Environmental Protection Agency and Gina McCarthy, Administrator
13-2142
Civil. Affirms District Court rulings of summary judgment in favor of EPA and denial of motion for U.S. District Court Chief Judge Richard Young to disqualify himself based on prior rulings. Young correctly found plaintiffs’ motions were moot because a Bloomington PCB cleanup is ongoing, because plaintiffs are not prevailing parties or parties to the original consent decree, and as such they also are not entitled to attorney fees. Young’s decision not to disqualify himself did not deny plaintiffs due process.

Today’s opinions
Indiana Court of Appeals

Christine Anderson v. Indiana Insurance Company, a member of Liberty Mutual Group
64A03-1309-CT-359
Civil tort. Reverses summary judgment in favor of Indiana Insurance, holding the court erred in ruling that Anderson could not recover from Indiana Insurance for injuries sustained in a traffic accident because she had received payment from other sources in excess of the limits of her underinsured motorist policy limit. Remands for proceedings.

Marc M. Lindsey v. State of Indiana (NFP)
43A03-1309-CR-361
Criminal. Affirms one-year executed sentence for conviction of Class D felony resisting law enforcement.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Friday.  7th Circuit Court of Appeals issued no Indiana opinions Friday by IL deadline Friday.

 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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