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Opinions August 23, 2013

August 23, 2013
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Opinions, August 23, 2013

7th Circuit Court of Appeals
Larry Butler et al. v. Sears, Roebuck and Co.
11-8029, 12-8030
Civil. On remand from the U.S. Supreme Court, reinstates class-action certification for two claims regarding front-loading Kenmore washing machines sold by Sears: that design defects created odor-producing mold and cause the machine to stop at inopportune times. Applying the SCOTUS holding in Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), the court held that a single common issue of liability ran through class action claims: whether the washers were defective.

Hubert E. Walker, on behalf of himself and all others similarly situated v. Trailer Transit, Inc.
13-8015
Civil. Affirms district court ruling that a motion to remand the case to state court was properly denied, holding that the grant of removal to the federal court was timely.

Indiana Supreme Court
Ronald G. Becker v. State of Indiana
45S03-1301-CR-9
Criminal. Reverses trial court’s order granting Indiana Department of Correction’s motion to correct error and require Becker to register every 90 days as a sexually violent predator. Becker had successfully appealed his classification as an SVP and entered into an Agreed Order with the prosecutor that he had fulfilled his obligation and was no longer required to register. The Supreme Court concludes res judicata bars DOC from intervening because its interests already are represented by the prosecutor.

Indiana Court of Appeals
Adam Morris v. State of Indiana

14A05-1209-CR-495
Criminal. Upon rehearing, affirms the award of restitution against Morris in the amount of $14,972.45. Rules his plea agreement is entirely open which gave the trial court discretion to award restitution. Judge John Baker dissents, arguing restitution should not be awarded because the trial court’s order regarding payment pertained to the charge that was dismissed under the plea agreement.
 
Jordan Parker, a minor, individually, and by James Parker and Cheryl Parker, as Natural parents and next friends of Jordan Parker v. Indiana State Fair Board, an agency of The State of Indiana
49A02-1212-PL-1003
Civil plenary. Affirms in part, reverses in part and remands a trial court’s denial of a petition for judicial review of a decision by the Indiana State Fair Board stripping a 4-H sheep grand champion of the title and prizes due to a positive drug test after the animal was slaughtered. The Parkers waived their argument that the State Fair/4-H handbook general terms and conditions were void and that any errors in comments made by a doctor during the board’s deliberations were harmless, the panel ruled. However, summary judgment in favor of the board was improperly granted because the Parkers were denied an evidentiary hearing. An evidentiary hearing is ordered regarding penalties imposed.

No opinions from the Indiana Tax Court were submitted by IL deadline.
 

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  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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