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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. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  2. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  3. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

  4. My daughter was married less than a week and her new hubbys picture was on tv for drugs and now I havent't seen my granddaughters since st patricks day. when my daughter left her marriage from her childrens Father she lived with me with my grand daughters and that was ok but I called her on the new hubby who is in jail and said didn't want this around my grandkids not unreasonable request and I get shut out for her mistake

  5. From the perspective of a practicing attorney, it sounds like this masters degree in law for non-attorneys will be useless to anyone who gets it. "However, Ted Waggoner, chair of the ISBA’s Legal Education Conclave, sees the potential for the degree program to actually help attorneys do their jobs better. He pointed to his practice at Peterson Waggoner & Perkins LLP in Rochester and how some clients ask their attorneys to do work, such as filling out insurance forms, that they could do themselves. Waggoner believes the individuals with the legal master’s degrees could do the routine, mundane business thus freeing the lawyers to do the substantive legal work." That is simply insulting to suggest that someone with a masters degree would work in a role that is subpar to even an administrative assistant. Even someone with just a certificate or associate's degree in paralegal studies would be overqualified to sit around helping clients fill out forms. Anyone who has a business background that they think would be enhanced by having a legal background will just go to law school, or get an MBA (which typically includes a business law class that gives a generic, broad overview of legal concepts). No business-savvy person would ever seriously consider this ridiculous master of law for non-lawyers degree. It reeks of desperation. The only people I see getting it are the ones who did not get into law school, who see the degree as something to add to their transcript in hopes of getting into a JD program down the road.

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