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Opinions May 25, 2011

May 25, 2011
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The following opinion was posted after IL deadline Tuesday:
7th Circuit Court of Appeals

Roche Diagnostics Corp. v. Medical Automation Systems Inc., et al.
11-1446
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Modifies the District Court’s judgment of allowing the sale of MAS to Alere to proceed by incorporating the 11 hold-separate conditions listed in the 7th Circuit’s opinion. Alere and MAS can close their transaction if they respect those conditions and the District Court’s requirement that Roche receive its unimpaired period of exclusive use of MAS’ diabetes-product software. The District Court issued an injunction implementing its decision and it expires as soon as the arbitrator renders a decision or at the end of 2012 if the arbitrator hasn’t acted.

Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.


Indiana Court of Appeals
Estate of Bradley Kinser, et al. v. Indiana Insurance Company
29A02-1009-PL-1093
Civil plenary. Reverses summary judgment in favor of Indiana Insurance on its motion for declaratory judgment that it’s not obligated to cover any losses following Bradley Kinser’s accident and death while driving his girlfriend’s car because his policy excluded coverage for a vehicle furnished or available for his regular use. A genuine issue of material fact remains as to the scope and extent that Kinser felt he needed his girlfriend’s permission to drive her car, which affects the determination of whether the car was furnished or available for his regular use.

Clint Cullen v. State of Indiana (NFP)
31A04-1009-CR-626
Criminal. Affirms denial of verified petition for judicial review of alleged refusal to submit to a chemical test.

Paternity of C.C.; M.L. v. J.C. (NFP)
15A01-1009-JP-534
Juvenile. Affirms order modifying physical custody of son in favor of child’s father.

Term. of Parent-Child Rel. of C.S.; C.S. v. I.D.C.S. (NFP)
49A05-1010-JT-719
Juvenile. Affirms termination of parental rights.

Anthony Johnson v. State of Indiana (NFP)
79A02-1010-CR-1439
Criminal. Affirms sentence following guilty plea to Class C felony intimidation while drawing or using a deadly weapon and Class D felony domestic battery in the presence of a child less than 16 years of age.


Joseph Wright v. Aquavalyn Wright (NFP)
45A03-1010-DR-556
Domestic relation. Affirms denial of petition for modification of child support.

Jimmy E. Griffin II v. State of Indiana (NFP)
48A02-1008-CR-919
Criminal. Affirms conviction of and sentence for Class C felony attempted battery and reverses conviction of Class C felony battery.

Otis Allen Tate, Jr. v. State of Indiana (NFP)
71A03-1009-CR-529
Criminal. Affirms conviction of Class B felony burglary.

Keith McClaran, et al. v. Mortgage Electronic Registration Systems, Inc. (NFP)
55A01-1006-MF-289
Mortgage foreclosure. Affirms judgment and grant of foreclosure to MERS as nominee for GMAC Mortgage Corp.

Elliott J. Welch v. State of Indiana (NFP)
49A02-1006-CR-673
Criminal. Affirms conviction of Class D felony theft.

Mark Smith v. State of Indiana (NFP)
43A04-1011-CR-697
Criminal. Affirms sentence following guilty plea to Class D felony operating a vehicle while intoxicated.

Michael Nordman v. State of Indiana (NFP)
85A02-1005-CR-638
Criminal. Affirms conviction of Class C felony intimidation.

Timothy S. Hanna v. State of Indiana (NFP)
29A05-1009-CR-557
Criminal. Affirms convictions of Class B felony criminal deviate conduct and two counts of Class C misdemeanor furnishing alcohol to a minor.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  4. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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