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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. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  2. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  3. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  4. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

  5. They ruled there is no absolute right to keep a license, whether it be for a lifetime or a short period of time. So with that being said, this state taught me at the age of 15 how to obtain that license. I am actually doing something that I was taught to do, I'm not breaking the law breaking the rules and according to the Interstate Compact the National Interstate Compact...driving while suspended is a minor offense. So, do with that what you will..Indiana sucks when it comes to the driving laws, they really and truly need to reevaluate their priorities and honestly put the good of the community first... I mean, what's more important the pedophile drug dealer or wasting time and money to keep us off the streets?

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