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Opinions Feb. 2, 2012

February 2, 2012
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7th Circuit Court of Appeals
Emergency Services Billing Corp. Inc., individually (and as agent for) agent of Westville Volunteer Fire Department v. Allstate Insurance Co., et al.
11-2381
U.S. District Court, Northern District of Indiana, Hammond Division at Lafayette, Judge John E. DeGuilio.
Civil. Affirms dismissal of ESBC’s suit seeking individuals involved in car accidents are responsible for the clean-up costs of hazardous substances released after accidents. A motor vehicle owned for personal use is a “consumer product in consumer use” under the Comprehensive Environmental Response, Compensation and Liability Act, and thus owners/operators of personal motor vehicles are exempt from CERCLA’s response-cost provisions.

Bryan J. Brown v. Elizabeth Bowman, et al.
11-2164
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann
Civil. Affirms District Court’s dismissal of Brown’s complaint without prejudice for lack of subject matter jurisdiction under the Rooker-Feldman doctrine. Because his claims of religious bias require a federal District Court to review the judicial process followed by the Indiana Supreme Court in deciding the merits of Brown’s bar admission application, his claims are “inextricably intertwined” and fall squarely under Rooker-Feldman’s jurisdictional bar. Declines to address whether the District Court was correct in ruling in the alternative that the defendants were immune from suit.

United States of America v. Erik D. Zahursky

11-2054
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Criminal. Affirms Zahursky’s 210-month sentence imposed by the District Court on remand. Zahursky has forfeited his right to challenge the application of the pseudo-count enhancement under Section 2G1.3(d) on appeal because he failed to raise the issue in his first appeal.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
Jeffrey Allen Rowe v. William K. Wilson (NFP)
46A04-1109-SC-476
Small claim. Reverses dismissal of Rowe’s claim for failure to pay the filing fee and remands with instructions to impose a filing fee of $0.65.

Eric C. Roach v. State of Indiana (NFP)
62A01-1108-CR-367
Criminal. Affirms sentence for Class B felony dealing in methamphetamine.

Alex R. Voils, Jr., Vicki L. Voils v. Everhome Mortgage Co. (NFP)
06A01-1101-MF-66
Mortgage foreclosure. Affirms denial of the Voilses’ request to set aside the sheriff’s sale.

Term. of Parent-Child Rel. of A.C., a minor child, and her Father, D.B.; D.B. v. Indiana Dept. of Child Services, and Child Advocates, Inc. (NFP)
49A05-1105-JT-286
Juvenile. Affirms involuntary termination of parental rights.

 

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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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