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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. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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