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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. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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