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Opinions Jan. 12, 2011

January 12, 2011
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7th Circuit Court of Appeals
Amorita N. Thomas, on behalf of herself and all others similarly situated v. H&R Block Eastern Enterprises Inc.
10-1482
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge David Hamilton.
Affirms summary judgment in favor of H&R Block in Thomas’ suit under Indiana’s Wage Payment Statute for paying its end-of-season compensation more than 10 days after it was earned. Concludes that the end-of-season compensation is not a wage under the statute because it was depending on other factors than her efforts and it would be highly difficult for the company to calculate it within 10 days. Declines to send a certified question on the issue to the Indiana Supreme Court.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Beck's Superior Hybrids, Inc. v. Monsanto Company, et al.
29A05-1008-MI-489
Miscellaneous. Reverses order that Beck’s comply with the arbitration panel’s subpoena. Section 7 of the Federal Arbitration Act preempts Indiana Trial Rule 28(E) and Monsanto’s lack of federal subject matter jurisdiction to enforce its subpoena doesn’t justify ignoring the plain text of Section 7. Remands with instructions that the court dismiss Monsanto’s petition to assist. Judge Baker dissents.

Brian Reese v. State of Indiana
64A03-1001-CR-18
Criminal. Affirms convictions of Class A felony attempted murder, Class A misdemeanor resisting law enforcement, and carrying a handgun without a license, elevated to a Class C felony due to a prior offense. The trial court did not abuse its discretion by admitting evidence of uncharged bad acts, there is sufficient evidence to support his conviction of attempted murder, and he was properly sentenced. The use of “attack” in jury instruction Final Instruction 26 is at most a harmless error in light of the testimony that Reese deliberately fired multiple shots at the police officer.

Alesa Pack v. Indiana Family and Social Services Administration

89A05-1004-PL-240
Civil plenary. Grants rehearing for the sole purpose of clarifying the correct application of Administrative Orders and Procedures Act to Medicaid determinations regarding recipients and applications. Clarifies that while the AOPA applies to judicial review of Medicaid determinations, separate rules apply to the review of such decisions by an administrative law judge as they pertain to recipients of and applications for Medicaid benefits. Affirms original decision in all respects. Judge Riley voted to deny petition for rehearing without opinion.

Glenn L. Carpenter v. State of Indiana (NFP)
49A02-1005-CR-521
Criminal. Affirms conviction of unlawful possession of a firearm by a serious violent felon as a Class B felony, adjudication as a habitual offender, and sentence imposed.

Lucas T. Scholl v. State of Indiana (NFP)
07A01-1004-CR-166
Criminal. Affirms conviction of operating a vehicle while intoxicated, endangering a person as a Class A misdemeanor.

Camiell Chest v. State of Indiana (NFP)
49A02-1005-CR-544
Criminal. Affirms conviction of Class D felony domestic battery.

Wesley D. Willis v. State of Indiana (NFP)
71A04-1005-CR-304
Criminal. Affirms convictions of Class A felony voluntary manslaughter, Class A felony attempted murder, and two counts of Class C felony criminal recklessness.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  2. Do you know who the sponsor of the last-minute amendment was?

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  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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