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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. It's an appreciable step taken by the government to curb the child abuse that are happening in the schools. Employees in the schools those are selected without background check can not be trusted. A thorough background check on the teachers or any other other new employees must be performed to choose the best and quality people. Those who are already employed in the past should also be checked for best precaution. The future of kids can be saved through this simple process. However, the checking process should be conducted by the help of a trusted background checking agency(https://www.affordablebackgroundchecks.com/).

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  3. You need to look into Celadon not paying sign on bonuses. We call get the run

  4. My parents took advantage of the fact that I was homeless in 2012 and went to court and got Legal Guardianship I my 2 daughters. I am finally back on my feet and want them back, but now they want to fight me on it. I want to raise my children and have them almost all the time on the weekends. Mynparents are both almost 70 years old and they play favorites which bothers me a lot. Do I have a leg to stand on if I go to court to terminate lehal guardianship? My kids want to live with me and I want to raise them, this was supposed to be temporary, and now it is turning into a fight. Ridiculous

  5. Here's my two cents. While in Texas in 2007 I was not registered because I only had to do it for ten years. So imagine my surprise as I find myself forced to register in Texas because indiana can't get their head out of their butt long enough to realize they passed an ex post facto law in 2006. So because Indiana had me listed as a failure to register Texas said I had to do it there. Now if Indiana had done right by me all along I wouldn't need the aclu to defend my rights. But such is life.

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