ILNews

Opinions March 1, 2011

March 1, 2011
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Auto-Owners Insurance Company v. Gary Hughes
18A02-1006-PL-659
Civil. Reverses and remands entry of judgment in favor of appellee-plaintiff Gary Hughes on his contract claim in the amount of $166,792.83. Auto-Owners contends, inter alia, that the trial court erred in denying its summary judgment motion on the basis that Hughes’ suit was barred by a one-year limitation in the relevant insurance policy.
 
James Taylor and Nancy Taylor v. Ford Motor Co., et al.
49A02-1007-CT-823
Civil. Affirms trial court’s grant of defendants’ motion to dismiss for lack of subject matter jurisdiction. In their appeal, the Taylors argued the trial court did have subject matter jurisdiction. The Taylors filed a claim Feb. 12, 2009, that the defendants’ negligence caused James Taylor’s injuries which in turn caused his wife to lose the services of her husband. The defendants filed a motion to dismiss on March 26, 2010, claiming that the trial court lacked subject matter jurisdiction of the Taylors’ claims because Indiana’s worker’s compensation laws provided the exclusive remedy.

Tyson G. Keplinger v. State of Indiana (NFP)
35A02-1006-CR-610
Criminal. Affirms conviction of conspiracy to commit murder, a Class A felony, and attempted murder, a Class A felony.
 
A.K. and Jeffry G. Price v. K.M.K. (NFP)
34A05-1008-CT-522
Civil. Affirms trial court’s denial of Price’s request for attorney’s fees from appellee-respondent K.M.K., following K.M.K.’s action against A.K., which the trial court dismissed.
 
Denise Tinsley v. Marion T., LLC, et al. (NFP)
27A05-1008-CT-503
Civil. Affirms trial court’s grant of summary judgment in favor of appellees-defendants with respect to the estate’s claim for negligence resulting in Marvin Tinsley’s death.
 
Barry L. Johnson v. State of Indiana (NFP)
27A04-1006-CR-375
Criminal. Affirms trial court’s revocation of probation.
 
Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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