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Opinions Aug. 9, 2010

August 9, 2010
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7th Circuit Court of Appeals
Owner-Operator Independent Drivers Association Inc., et al. v. Mayflower Transit, LLC
08-1673
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms judgment with respect to a chargeback for the cost of insurance not being a sale of insurance. Rules the period of limitations for suits under Section 14704(a)(2) is four years, not two. Remands for further proceedings that may be required by the ruling on the limitations issue.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
L.T. v. State of Indiana (NFP)
49A02-1001-JV-62
Juvenile. Affirms adjudication that L.T. committed Class A misdemeanor battery if committed by an adult.

Devin Steele v. State of Indiana (NFP)
15A01-1003-CR-126
Criminal. Affirms sentence following guilty plea to Class D felonies domestic battery with a child present, domestic battery with a prior conviction, and possession of a controlled substance. Affirms sentence imposed following the revocation of Steele’s probation.

Steven L. Fortner v. Janet M. Fortner (NFP)
67A05-1001-DR-36
Domestic relation. Affirms orders regarding the contempt petitions and attorney fees. Affirms dissolution of marriage, but remands for consideration of omitted marital debts. Affirms physical custody order but remands for clarification of legal custody of G.F. Reverses child support order and remands for clarification.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court denied transfer to 20 cases for the week ending Aug. 6.
 

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  1. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  2. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  3. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  4. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  5. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

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