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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. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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