ILNews

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. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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