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Opinions April 26, 2013

April 26, 2013
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7th Circuit Court of Appeals
Big Ridge Inc., Jerad Bickett, et al. v. Federal Mine Safety and Health Review Commission, et al.
12-2316, 12-2460
Review of order. Denies petitions for review filed by mine operators and a group of mine employees regarding regulations that allow for Federal Mine Safety and Health Administration inspectors to review employee medical and personnel records during inspections to verify the mines have not been under-reporting miners’ injuries and illnesses. Agrees with the commission that MSHA acted within its statutory and constitutional authority both in demanding information that would permit MSHA to verify the accuracy of mine operators’ injury reports and in issuing citations and monetary penalties when mine operators refused to comply.

Indiana Court of Appeals
Platinum Construction Group, LLC v. Christopher Collings
93A02-1210-EX-882
Agency action. Affirms award of benefits to former Platinum construction supervisor Collings for injuries he suffered during an accident on the job. The Indiana Worker’s Compensation Board’s findings awarding Collings sums for temporary total disability and sums for permanent partial impairment support its judgment.

Shari (Ellis) Lovold v. Clifford Scott Ellis
54A01-1209-DR-410
Domestic relation. Affirms finding that C.E. repudiated his relationship with his father Clifford Ellis, but reverses the child support calculation because the court erred in requiring Ellis to pay child support for the time C.E. was living on a college campus. Remands with instructions.

Lebamoff Enterprises, Inc. v. Indiana Alcohol & Tobacco Commission
49A02-1210-MI-826
Miscellaneous. Reverses dismissal of Lebamoff Enterprises’ petition for judicial review. The company failed to timely file the agency record, but the original submission contained sufficient material to enable judicial review. Remands with instructions. Judge Kirsch dissents.

Term. of the Parent-Child Rel. of C.R. (Minor Child) and T.R. (Mother) v. The Indiana Dept. of Child Services (NFP)
35A05-1208-JT-435
Juvenile. Reverses termination of parental rights and remands with instructions to enter specific factual findings and to provide an explanation as to how the findings support the judgment.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
 

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  1. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

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