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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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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