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Opinions March 12, 2012

March 12, 2012
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The following Indiana Supreme Court opinions were posted after IL deadline Friday:

R.L. Turner Corporation v. Town of Brownsburg
32S01-1109-PL-573
Civil plenary. Affirms trial court’s grant of a petition for attorney fees to the Town of Brownsburg, rejecting Turner’s argument that the court erred in not entering special findings before awarding fees. Justices Rucker affirmed in part, but dissented in part, writing that he would remand for further proceedings, as the trial record shows no indication of whether Turner’s claims or defenses were frivolous, unreasonable, groundless or otherwise litigated in bad faith. Justice Dickson joined the dissent.

Indiana Department of State Revenue v. Rent-A-Center East, Inc.
49S10-1112-TA-683
Tax appeal. Reverses Indiana Tax Court’s grant of summary judgment in favor of Rent-A-Center East, holding that the taxpayer has the burden of showing a genuine issue of material fact exists with respect to unpaid tax, and that upon presenting that evidence the Indiana Department of State Revenue could reply before the Tax Court rules on a motion for summary judgment. Remands to the Tax Court for consideration of motions for summary judgment on their merits, in light of all the designated evidence the parties may tender.

Monday’s opinions:

The 7th Circuit Court of Appeals, Indiana Supreme Court and Indiana Tax Court had issued no opinions at IL deadline.

Indiana Court of Appeals

Wells Fargo Bank, N.A., successor in interest to The Money Store Investment Corp., f/d/b/a First Union Small Business Capital v. Neal A. Summers, et al. (NFP)
02A04-1103-CP-112
Civil plenary. Dismisses appeal, holding that Wells Fargo failed to timely file its notice of appeal.

 

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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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