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Opinions July 10, 2014

July 10, 2014
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7th Circuit Court of Appeals
Adam Hartman v. EBSCO Industries Inc., et al
13-3398
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Theresa L. Springmann.
Civil. Affirms summary judgment in favor of defendants on Hartman’s lawsuit alleging negligence and strict liability after he was injured accidently by a gun. Indiana has a 10-year statute of repose for products-liability actions and his gun was then 14 years old. There are two exceptions to the statute, but he cannot satisfy either one.

Cheryl Beardsley v. Carolyn W. Colvin, acting commissioner of Social Security
13-3609
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Joseph S. Van Bokkelen.
Civil. Reverses District Court’s affirmation of the denial of benefits and remands the case to the commissioner of Social Security for proceedings consistent with this opinion. Errors by the administrative law judge undermined the “logical bridge” between evidence and conclusion that is needed to affirm a denial of disability benefits.

Indiana Court of Appeals
Gregory Benson v. State of Indiana (NFP)
71A03-1311-CR-469
Criminal. Affirms conviction and sentence for Class B felony robbery.

William C. Hoffman, Jr. v. State of Indiana (NFP)
15A01-1309-CR-401
Criminal. Affirms conviction of Class B felony attempted aggravated battery and aggregate 30-year sentence.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
 

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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