Opinions May 9, 2012

May 9, 2012
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The following opinions were posted after IL deadline Tuesday:
7th Circuit Court of Appeals

Susan Schaefer-LaRose v. Eli Lilly & Co.; James Jirak, et al. v. Abbott Laboratories Inc.
Nos. 10-3855, 11-1980, 11-2131
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. In a decision that combined cases from District courts in Indiana and Illinois, the court concludes that under the regulations of the Department of Labor, the pharmaceutical sales representatives are classified properly within the administrative exemption to the overtime requirements of the Fair Labor Standards Act. Affirms judgment in favor of Eli Lilly on whether sales reps were entitled to overtime.  

Clifton Sandifer, et. al. v. United States Steel Corporation
10-1821, 10-1866
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Robert L. Miller, Jr.
Civil. Affirms interlocutory appeal from United States Steel Corporation, which claimed that “travel time” for employees to walk from the locker room to their work stations should not be a compensable act. A District court judge had certified that question for interlocutory appeal, but had ruled that the Fair Labor Standards Act does not allow for compensation of changing clothes. The plaintiffs appealed that ruling, and the 7th Circuit affirmed the District court.

Wednesday’s opinions
7th Circuit Court of Appeals posted no opinions by IL deadline.

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

Indiana Court of Appeals

Ashanti Clemons v. State of Indiana
Post conviction. Affirms denial of amended petition for post-conviction relief. Clemons was not denied effective assistance of his trial and appellate counsel.

Halston Thomas v. State of Indiana
Criminal. Affirms convictions of murder and Class A misdemeanor carrying a handgun without a license. The state established that Gordon was unavailable to testify at trial and that Thomas had an opportunity to cross-examine her at the deposition, which was testimonial in nature.

Douglas P. Wilson, Jr. v. State of Indiana
Criminal. Affirms convictions of and sentence for Class B felony dealing in a narcotic drug, Class D felony possession of a narcotic drug, Class A misdemeanor resisting law enforcement, and Class A misdemeanor operating a vehicle while suspended. By abandoning his vehicle after being pulled over by police, Wilson relinquished any reasonable expectation of privacy in it. There is sufficient evidence to support his drug convictions and sentence.

In the Matter of Children Alleged to be Children in Need of Services, D.H. & G.H., and D.B.H. v. The Indiana Dept. of Child Services (NFP)
Juvenile. Affirms determination that children are in need of services.

In Re the Marriage of: Tanya A. (Bennett) Louderback v. Edward L. Bennett (NFP)
Domestic relation. Affirms order granting Bennett’s motion to modify custody, awarding primary custody to Bennett.

Clinton Davis v. State of Indiana (NFP)
Criminal. Affirms denial of fourth motion to correct erroneous sentence.

Henry L. Shell, Jr. v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony dealing in methamphetamine.

Mark Bailey v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony possession of cocaine.

Zachary Bowser v. State of Indiana (NFP)

Criminal. Affirms order denying motion to suppress evidence and remands for further proceedings.

Kathryn Gillespie v. Review Board of the Indiana Dept. of Workforce Development, et al. (NFP)
Agency appeal. Affirms decision that Gillespie is ineligible for unemployment benefits.

Juan Murillo Bravo v. Silvia Bravo and Rancho Bravo, Inc. (NFP)
Civil plenary. Affirms order awarding attorney fees to Rancho Bravo and Silvia Bravo.

C.K. v. Indiana Department of Child Services (NFP)
Juvenile. Affirms involuntary termination of parental rights.

Term. of the Parent-Child Rel. of A.B. and P.B.; E.B. (Mother) v. Indiana Dept. of Child Services (NFP)
Juvenile. Affirms involuntary termination of parental rights.

Robert Allen Barker v. State of Indiana (NFP)
Criminal. Affirms sentence for Class B felony possession of a firearm by a serious violent felon.

Paul T. Dhaenens v. State of Indiana (NFP)
Criminal. Affirms convictions of Class C felony criminal confinement and Class D felony domestic battery.



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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...