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Opinions March 19, 2013

March 19, 2013
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7th Circuit Court of Appeals
Frontier Insurance Company v. J. Roe Hitchcock, Timothy S. Durham and Terry G. Whitesell
11-3510
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Affirms order the guarantors Hitchcock, Durham and Whitesell deposit with the clerk more than $1.5 million regarding a surety bond issued by Frontier Insurance. The guarantors must keep their promise to post collateral on Frontier’s demand.

Indiana Court of Appeals
Judy Chang v. Purdue University, The Trustees of Purdue University; Dr. France A. Cordova, President of Purdue University (in her official capacity); et al.
02A03-1206-PL-272
Civil plenary. Affirms denial of Chang’s motion for summary judgment and her motion for directed verdict after she was dismissed from the nursing program, as well as the grant of summary judgment for Purdue University and other defendants on certain charges and the jury verdict against Chang.  She failed to designate evidence that the nursing department’s decision to dismiss her was arbitrary, capricious or made in bad faith, and the evidence sufficiently supported the jury’s verdict against her regarding the breach of contract claims.

Derek F. Williams v. State of Indiana (NFP)
14A01-1205-CR-201
Criminal. Affirms murder conviction and sentence.

Alyse McGlaughlin and Connie Kleiner v. Jennifer M. McGlaughlin, State Farm Mutual Automobile Ins. Co., and Roger McGlaughlin (NFP)
49A02-1208-PL-677
Civil plenary. Affirms denial of a motion to correct error following the grant of summary judgment in favor of State Farm after the court reasoned that State Farm was entitled to complete set-off of any payment it would have owed to the appellants under the uninsured motorist endorsement they had purchased from State Farm because Alyse McGlaughlin settled with a third-party’s insurer for an amount equal to the UM endorsement’s policy limits.

First Financial Bank, National Assn., Hamilton, Ohio, as Successor in Interest to Federal Deposit Ins. Corp., Receiver of Irwin Union Bank and Trust Co. v. Fred L. Paris and Michelle S. Paris (NFP)
41A05-1209-MF-474
Mortgage foreclosure. Reverses order denying First Financial’s motion for summary judgment on its claims against the Parises and remands for further proceedings.

Jeremy L. Musall v. State of Indiana (NFP)
61A01-1208-CR-371
Criminal. Affirms sentence for murder, felony murder, two counts of Class A felonies burglary and rape, and one count of Class A felony kidnapping.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.

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  1. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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