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Opinions June 11, 2013

June 11, 2013
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7th Circuit Court of Appeals
Judson Atkinson Candies, Incorporated v. Kenray Associates, Incorporated, Charles A. McGee and Kenneth J. McGee
12-1035, 12-1036
U.S. District Court, Southern District of Indiana, New Albany Division, Magistrate Judge William G. Hussmann Jr.
Civil. Reverses District Court ruling that Judson Atkinson must demonstrate that it had been induced by fraud to enter into the integration clause in a settlement agreement between it and Kenray Associates, as opposed to the agreement as a whole, in order to circumvent the parol evidence rule. Indiana law does not impose such a bright-line rule.

United States of America v. $196,969.00 United States Currency; Rodney Johnson

12-3414
U.S. District Court, Southern District of Indiana, Terre Haute Division, Judge Jane E. Magnus-Stinson
Civil. Reverses dismissal of Johnson’s claim that he has rights to the money found in his home after a search by police and order of forfeiture of the money. The reasons given by the judge and the alternative ground argued by the government are unsound. Remands for the District Court to decide whether to give Johnson another try to assert his claim.

Jennifer Hitchcock v. Angel Corps, Inc.
12-3515
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Magistrate Judge Roger B. Cosbey
Civil. Reverses summary judgment for Angel Corps on Hitchcock’s claim she was fired because she was pregnant. She submitted evidence that the supervisor who fired her expressed animus toward pregnant women and treated Hitchcock differently after learning she was pregnant. Many of Angel Corps’ explanations for the firing were shifting, inconsistent, and/or factually implausible. Remands for further proceedings.

Indiana Court of Appeals
Deshaun Richards v. State of Indiana (NFP)
02A03-1211-CR-467
Criminal. Affirms conviction and sentence for Class B felony robbery.

In Re The Paternity of R.M., a minor; B.M. v. A.T. (NFP)
39A01-1209-JP-441
Juvenile. Reverses denial of father’s petition to modify custody and remands with instructions to hold a hearing in regard to the supplemental GAL report and to reconsider his petition to modify custody in light of that hearing and all other evidence introduced concerning the petition.

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

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  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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