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Opinions Feb. 1, 2012

February 1, 2012
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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:

Amber Parker, et. al., v. Franklin Community School Corporation, et. al.
10-3595
Civil. Reverses U.S. District Court’s grant of summary judgment in favor of defendants, holding Parker has shown a genuine question of fact about whether the disproportionate scheduling of boys’ basketball games on weekends and girls’ basketball games on weeknights is discriminatory under Title IX of the Education Amendments of 1972, 20 U.S.C. Section 1681(a). Further reverses on the court’s dismissal of the plaintiffs’ equal protection claim and remands for proceedings consistent with the opinion.

Today’s opinions:

The 7th Circuit Court of Appeals, Indiana Supreme Court, and Indiana Tax Court had issued no opinions by IL deadline.

Indiana Court of Appeals

Mitchell & Stark Construction Company, Inc. v. Strand Associates, Inc., as successor In interest to Sieco, Inc. (NFP)
36A04-1103-CT-79
Civil tort. Affirms trial court’s grant of summary judgment in favor of Strand Associates.

Cleverson J.R. Punturi v. State of Indiana (NFP)
63A04-1106-CR-339
Criminal. Affirms conviction of Class D felony sexual battery, but remands with instructions to the court to revise sentence to three years, with half of that served on probation and half served on work release, finding the sentence was inappropriate because the victim suffered no physical harm.

 

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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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