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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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  1. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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