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Opinions Aug. 4, 2010

August 4, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Wells Fargo Insurance v. Bruce A. Land

48A02-0911-CV-1099
Civil. Affirms Land is entitled to commission on all of his 2005 crop-year policies. By Feb. 2, 2006, the date of Land’s resignation, the sales had been consummated, and his right to the 2005 crop-year commissions had fully accrued, subject only to receipt of the premium payments. The trial court erred by not deducting the amount Land received as commission from JS Crop for his 2005 crop-insurance sales and by allowing him to keep $6,000 paid to him in draw in 2006 because it would be a windfall he’s not entitled to. Land is entitled to attorney fees and appellate attorney fees attributable to his recovery of unpaid wages. Remands with instructions.

Justin Davis v. State of Indiana (NFP)
49A05-1001-CR-6
Criminal. Affirms convictions of murder, two counts of Class C felony robbery, Class C felony attempted robbery, and Class A misdemeanor carrying a handgun without a license.

Aaron D. Ellis v. State of Indiana (NFP)
15A01-1001-CR-56
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Jason T. Fabini v. Joanne M. Fabini (NFP)
02A03-1003-DR-152
Domestic relation. Affirms order granting Jason Fabini’s motion to modify child support.

Edward Ray Kind v. State of Indiana (NFP)
79A02-1003-CR-291
Criminal. Affirms sentence following guilty plea to two counts of Class A felony dealing in cocaine, one count of Class A felony possession of cocaine, and one count of Class D felony maintaining a common nuisance.

Robert L. Terry v. State of Indiana (NFP)
49A02-0910-CR-993
Criminal. Grants petition for rehearing for the sole purpose of remanding the case to the trial court for clarification on whether the trial court’s order to suspended Terry’s driving privileges for a fixed period of two years and 90 days was contrary to law.

Indiana Tax Court had posted no opinions at IL deadline.

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  1. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

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