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Opinions Aug. 5, 2011

August 5, 2011
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7th Circuit Court of Appeals
Jayne A. Mathews-Sheets v. Michael J. Astrue, Commissioner of Social Security
10-3746
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Reverses denial of request for $25,200 in attorney fees after prevailing in a suit for Social Security disability benefits. On remand the plaintiff’s lawyer will have to show that without a cost-of-living increase that would bring the fee award up to $170 per hour, a lawyer capable of competently handling the challenge that his client mounted to the denial of Social Security disability benefits could not be found in the relevant geographical area to handle such a case.

Rik Lineback, Regional Director of the 25th Region of the National Labor Relations Board, for and on behalf of the NLRB v. Irving Ready-Mix, Inc.
11-1371
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Jon E. DeGuilio.
Civil. Affirms injunction under Section 10(j) of the National Labor Relations Act ordering Irving Ready-Mix Inc. to stop certain unfair labor practices pending a final administrative decision by the National Labor Relations Board. There was no error or abuse of discretion by the District judge.

Indiana Supreme Court posted no opinions at IL deadline.

Indiana Court of Appeals
City Savings Bank n/k/a LaPorte Savings Bank v. Eby Construction, LLC
64A03-1012-MF-611
Mortgage foreclosure. Reverses summary judgment in favor of Eby Construction in its complaint that its mechanic’s lien has priority over mortgages held by LaPorte Savings Bank. The trial court erred when it disregarded clear statutory directives based upon equitable and public policy grounds. Remands for further proceedings.

Guardianship of L.W.; S.M. v. M.W. and S.W. (NFP)
33A01-1102-GU-79
Guardianship. Affirms denial of mother S.M.’s petition to terminate M.W. and S.W.’s guardianship over her son.

David and Karen Marks v. Northern Indiana Public Service Co. (NFP)
45A05-1011-CT-675
Civil tort. Affirms summary judgment for NIPSCO in the Markses’ negligence action.

Indiana Tax Court posted no opinions at IL deadline.
 

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