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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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  3. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

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