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Opinions July 8, 2014

July 8, 2014
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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Monday:
Julia Hutt v. AbbVie Products LLC
13-1481
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Joseph S. Van Bokkelen.
Civil. Affirms summary judgment in favor of AbbVie Products, formerly known as Solvay Pharmaceuticals, on Hutt’s age discrimination and retaliation claims and her state law claim asserting a violation of the Indiana Wage Payment Statute. The District Court correctly concluded that Hutt’s age discrimination claim fails under the direct method and she could not prove the company retaliated against her for filing a complaint with the EEOC. Finds Hutt failed to develop her bad-faith argument with regard to her claim alleging violation of the Wage Payment Statute.

Tuesday’s opinions
Indiana Court of Appeals

Jasmine Davis v. State of Indiana (NFP)
49A05-1312-CR-610
Criminal. Affirms Class D felony theft conviction.

William Robert Tyler v. State of Indiana (NFP)
64A04-1402-CR-71
Criminal. Affirms conviction of Class C felony battery.

John R. Edwards v. Maryann Edwards (NFP)
64A03-1310-DR-423
Domestic relation. Affirms denial of John Edwards’ petition to emancipate and modification of custody and support.

Billie Jo Moore v. State of Indiana (NFP)
64A04-1309-CR-497
Criminal. Affirms conviction and sentence for  Class B felony aggravated battery.

In the Matter of the Termination of the Parent-Child Relationship of: T.R. (Minor Child), and, C.C. (Father) v. Indiana Department of Child Services (NFP)
82A01-1311-JT-497
Juvenile. Affirms termination of parental rights.  

Jubilee Investment Corp. v. BJ Thompson Associates, Inc. and BJ Thompson (NFP)
71A03-1401-CC-10
Civil collection.  Affirms summary judgment in favor of BJ Thompson on the issue of whether he, as president and sole shareholder of BJ Thompson Associates Inc. executed a personal guaranty of a commercial lease.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

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  1. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  2. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  3. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  4. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  5. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

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