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
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
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
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)
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. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  2. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  3. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  4. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon

  5. So men who think they are girls at heart can use the lady's potty? Usually the longer line is for the women's loo, so, the ladies may be the ones to experience temporary gender dysphoria, who knows? Is it ok to joke about his or is that hate? I may need a brainwash too, hey! I may just object to my own comment, later, if I get myself properly "oriented"