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Opinions Aug. 13, 2010

August 13, 2010
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7th Circuit Court of Appeals
Barbara J. Castile v. Michael J. Astrue, Commissioner of the Social Security Administration
09-3917
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge David Hamilton.
Civil. Affirms denial of Castile’s numerous claims for obtaining disability insurance and disability widow’s benefits. There was substantial evidence to support the administrative law judge’s conclusion that Castile’s chronic fatigue syndrome didn’t render her disabled. The ALJ thoroughly examined the evidence and articulated his findings and the District Court didn’t err in upholding the ALJ’s credibility determinations.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Bonnie Taggart Paloutzian, et al. v. Belle Delint-Eaglesfield and Gregory Taggart
49A02-0908-CV-817
Civil. Affirms order that Gregory Taggart and Belle Delint-Eaglesfield, adopted children of Henry G. Taggart, are beneficiaries under their grandfather Alex Taggart Jr.’s 1953 trust. Holds that a 2003 amendment to the Trust Code I.C. Section 30-4-2.1-2, which abrogated the stranger to the adoption rule and placed adopted children on equal footing with natural children, applies retroactively to the trust in this case pursuant to I.C. Section 30-4-1-4. Judge Crone dissents.

Henry C. Bennett, et al. v. John E. Richmond, et al.
20A03-0906-CV-285
Civil. Reverses denial of Bennett and Schupan & Son’s motion to correct error following a jury trial verdict in favor of John and Jennifer Richmond on their complaint alleging Bennett’s negligence and damages. The trial court abused its discretion by allowing Dr. McCabe to testify that John Richmond sustained a brain injury as a result of the car accident with Bennett. Remands for a new trial.

Bruce Swift, Jr. v. Robert J. Jeka and Alexandra Jeka (NFP)
64A03-1002-PL-52
Civil plenary. Reverses judgment in favor of the Jekas that Swift committed fraud and constructive fraud.

Dimensions, Inc., and DI Construction Services, Inc. v. The Odle, McGuire & Shook Corporation (NFP)
49A05-0909-CV-540
Civil. Affirms summary judgment for The Odle, McGuire & Shook Corp. on Dimensions, Inc. and DI Construction Services’ claims for breach of contract and negligence.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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