ILNews

Opinions July 20, 2011

July 20, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Marianne Jackson v. Thomas Trancik, M.D.
29A02-1012-CC-1391
Civil collections. Reverses summary judgment to Dr. Trancik on his lawsuit to collect on a medical bill. The trial court abused its discretion in striking the affidavit of an expert witness designated by Jackson and that affidavit establishes an issue of material fact as to the amount she owes. Remand for further proceedings.

Wellpoint, Inc., et al. v. National Union Fire Ins., Co., et al.
49A05-1011-PL-670
Civil plenary. Reverses summary judgment for Twin City Fire Insurance Co. in Anthem’s action seeking defense and indemnification from its reinsurers. None of the subject policy provisions operate to exclude coverage in the manner Twin City proposes. Remands for further proceedings.

John R. Berry, IV v. State of Indiana
49A04-1008-CR-536
Criminal. Reverses conviction of Class A felony attempted murder. The trial court erred in rejecting Berry’s insanity defense. The evidence is undisputed at the time of the offense – Berry suffered from psychotic symptoms caused by his prolonged and severe alcohol abuse and he was unable to appreciate the wrongfulness of his conduct. Remands for further proceedings.

Paternity of A.C.; C.C. v. B.M. (NFP)
13A04-1009-DR-608
Domestic relation. Reverses grant of the petition of stepfather B.M. for custody of A.C. Remands for further proceedings.

R.W. v. Review Board (NFP)
93A02-1012-EX-1399
Agency action. Affirms determination that R.W. was fired for just cause.

Thomas West v. State of Indiana (NFP)
34A02-1102-CR-111
Criminal. Affirms sentence following guilty plea to Class B felony burglary.

Janet Barkes Trust, et al. v. Monica Stuckwisch, et al. (NFP)
36A01-1011-PL-612
Civil plenary. Reverses summary judgment for real estate agent Stuckwisch in a fraud action and remands for further proceedings.

James H. Higgason, III v. State of Indiana (NFP)
45A03-1011-CR-577
Criminal. Affirms denial of motion for jail credit time.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

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