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Opinions June 20, 2014

June 20, 2014
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The following opinions were posted after IL deadline Thursday:
7th Circuit Court of Appeals

James Nichols v. Michigan City Plant Planning Department, Michigan City Area Schools
13-2893
U.S. District Court, Northern District of Indiana, South Bend Division, Chief Judge Philip P. Simon.
Civil. Affirms summary judgment for Michigan City schools on Nichols’ allegations of Title VII violations. He did not provide sufficient evidence that demonstrates that the harassment he allegedly suffered while working as a temporary janitor was severe or pervasive. He also failed to provide sufficient evidence that his alleged harasser was a proximate cause of his firing because affidavits from his supervisors show that he would have been let go even if there was no feud between Nichols and the harasser.

Indiana Supreme Court
Ralph Andrews v. Mor/Ryde International, Inc.
20S04-1406-PL-399
Civil plenary. Grants transfer and reverses trial court holding that punitive damage restrictions apply under the Sales Representative Act. Holds that treble damages under the Act are not subject to the Punitive Damages Act.


Friday’s opinions
7th Circuit Court of Appeals

Fares Pawn LLC and William K. Saalwaechter v. Indiana Department of Financial Institutions, et al.
13-3240
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard L. Young.
Civil. Affirms summary judgment for the defendants on Saalwaechter’s lawsuit alleging the Department of Financial Institutions violated the equal protection clause when processing his application for a pawnbroking license. No reasonable jury could conclude that DFI treated Saalwaechter differently from similarly situated applicants without a rational reason.


Indiana Supreme Court
Nick McIlquham v. State of Indiana
49S05-1401-CR-28
Criminal. Affirms admittance of contraband found in an apartment by police during a warrantless search.  McIlquham and the other resident of the apartment consented to a full search of the apartment after their young child was found unsupervised wandering near a pond in their apartment complex.

Indiana Court of Appeals
DECA Financial Services, LLC v. Tina Gray
02A04-1311-SC-595
Small claim. Affirms denial of attorney fees as part of DECA Financial Services’ small claims judgment against Gray. The attorney fees provision of the agreement Gray entered into with Dupont Hospital for payment of medical services at the hospital and Emergency Medicine of Indiana only applies to Dupont and not to DECA, the assignee of debt owed by Gray to Emergency Medicine.

George Odongo v. State of Indiana (NFP)
79A04-1308-PC-377
Post conviction. Affirms denial of petition for post-conviction relief.

Patrick McDonald v. State of Indiana (NFP)
02A05-1311-CR-557
Criminal. Affirms conviction of Class A misdemeanor criminal recklessness with use of a vehicle.

German Espichan v. State of Indiana (NFP)
49A05-1310-CR-515
Criminal. Affirms conviction of Class B misdemeanor battery.

Jenni Hill v. State of Indiana (NFP)
29A02-1311-MI-942
Miscellaneous. Affirms determination of the Bureau of Motor Vehicles that Hill is a habitual traffic violator.

John F. VanDeVanter, Jr. v. State of Indiana (NFP)
59A01-1311-CR-484
Criminal. Affirms convictions of Class A felony dealing in methamphetamine, Class D felony possession of methamphetamine and Class A misdemeanors possession of marijuana and resisting law enforcement.  

Jane Shamley v. Gordon Shamley (NFP)
29A05-1401-DR-17
Domestic relation. Affirms order awarding Jane Shamely a 55 percent division of the marital assets.

Denon Taylor v. State of Indiana (NFP)
49A04-1305-PC-265
Post conviction. Affirms denial of petition for post-conviction relief.

Joseph B. Fowler v. Kathleen L. Fowler (NFP)
42A05-1402-DR-54
Domestic relation. Reverses denial of Joseph Fowler’s motion to correct error, which challenged an order for college expenses and child support arrearage.

Charles Coleman v. State of Indiana (NFP)
32A04-1310-CR-507
Criminal. Affirms revocation of probation and order Coleman serve 400 days of his previously suspended sentence in the Department of Correction.

OneWest Bank, FSB v. Jason Jarvis, Natalie Jarvis, Mortgage Electronic Systems, Inc., as Nominees for American Mortgage Network, Inc., GE Money Bank, et. al. (NFP)
45A05-1312-MF-615
Mortgage foreclosure. Reverses sanction imposed by the trial court upon finding OneWest in contempt and remands with instructions to remove that language from the September 2013 order.

Harry White, II v. State of Indiana (NFP)
02A03-1312-CR-498
Criminal. Affirms convictions and sentence for attempted murder, Class C felony intimidation, Class D felony strangulation, Class D felony auto theft and Class A misdemeanor interference with the reporting of a crime.

The Indiana Tax Court posted no opinions by IL deadline.




 

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  1. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

  2. Can anyone please help this mother and child? We can all discuss the mother's rights, child's rights when this court only considered the father's rights. It is actually scarey to think a man like this even being a father period with custody of this child. I don't believe any of his other children would have anything good to say about him being their father! How many people are afraid to say anything or try to help because they are afraid of Carl. He's a bully and that his how he gets his way. Please someone help this mother and child. There has to be someone that has the heart and the means to help this family.

  3. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  4. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  5. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

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