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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. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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