Opinions May 2, 2014

May 2, 2014
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U.S. 7th Circuit Court of Appeals
The following opinion was issued after IL deadline Thursday

Sarah E. Frey, Kevin Enright and Protect Our Woods Inc. v. Environmental Protection Agency and Gina McCarthy, Administrator
Civil. Affirms District Court rulings of summary judgment in favor of EPA and denial of motion for U.S. District Court Chief Judge Richard Young to disqualify himself based on prior rulings. Young correctly found plaintiffs’ motions were moot because a Bloomington PCB cleanup is ongoing, because plaintiffs are not prevailing parties or parties to the original consent decree, and as such they also are not entitled to attorney fees. Young’s decision not to disqualify himself did not deny plaintiffs due process.

Today’s opinions
Indiana Court of Appeals

Christine Anderson v. Indiana Insurance Company, a member of Liberty Mutual Group
Civil tort. Reverses summary judgment in favor of Indiana Insurance, holding the court erred in ruling that Anderson could not recover from Indiana Insurance for injuries sustained in a traffic accident because she had received payment from other sources in excess of the limits of her underinsured motorist policy limit. Remands for proceedings.

Marc M. Lindsey v. State of Indiana (NFP)
Criminal. Affirms one-year executed sentence for conviction of Class D felony resisting law enforcement.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Friday.  7th Circuit Court of Appeals issued no Indiana opinions Friday by IL deadline Friday.



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  1. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

  2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  3. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  4. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon