ILNews

Opinions June 4, 2012

June 4, 2012
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The following Indiana Tax Court opinion was posted after IL deadline Friday:
Fresenius USA Marketing, Inc. v. Ind. Dept. of State Revenue
49T10-1008-TA-45
Tax. Denies the Department of State Revenue’s motion to dismiss Fresenius USA Marketing’s appeal of the determination denying the company’s claim for a refund of gross retail (sales) and use tax collected on its sales of dialysis equipment and paid to the department between Jan. 1, 2004, and Oct. 31, 2007. The department’s claim that the court lacks subject matter jurisdiction over the appeal is without merit.

Monday’s opinions
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.

Indiana Court of Appeals
R. Bruce Wallace v. Alliance Environmental, Inc. and Ruth Brown (NFP)

49A04-1111-CC-665
Civil collection. Affirms trial court’s recalculation of damages to Brown for Wallace’s breach of fiduciary duty.

KMC Real Estate Investors, LLC, George L. Alcorn, David Berry, David Britt, Abdul G. Buridi, Jeffrey Campbell, Keith Carter, et al. v. RL BB Financial, LLC (NFP)
10A05-1109-MF-501
Mortgage foreclosure. Affirms summary judgment in favor of RL BB Financial in its suit seeking to enforce each doctor’s individual guarantees.

Alfonso Menchaca v. Elias Terrazas (NFP)
45A03-1109-PL-415
Civil plenary. Affirms partial summary judgment for Terrazas in an action to seek repayment of amount Menchaca owes Terrazas pursuant to a promissory note and remands for further proceedings.

 

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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