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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. Compromising precious constitutional rights in order to protect them? Rather like the military intelligence slogan that the town had to be destroyed in order to save it. Looks like Joseph, Mary and Baby Jesus will have quite the eventful Boxing Day this year. Wise men will arrive to find no one to accept their gifts? Oh well, wisdom not all that desired this xmas anyway. Maybe the ACLU and Christian attorneys can work out a "three days every third year" visitation compromise and all of this messy litigation stuff can just be boxed up as well? It is an art form, now isn't it? Thomas More, a man of manifold compromises is undoubtedly cheering on wildly.

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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