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Opinions May 9, 2014

May 9, 2014
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7th Circuit Court of Appeals
Advanced Tactical Ordnance Systems Inc. v. Real Action Paintball Inc. and K.T. Tran
13-3005
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Joseph S. Van Bokkelen.
Civil. Reverses finding that the court has personal jurisdiction and that Advanced Technical was entitled to a preliminary injunction. Remands with directions to dismiss for lack of personal jurisdiction. There is no evidence that defendant Real Action has the necessary minimum contacts with Indiana to support specific jurisdiction.

Indiana Court of Appeals
Dan Weaver v. George Niederkorn
49A05-1309-CT-448
Civil tort. Affirms denial of Weaver’s motion to set aside a default judgment entered against him in favor of Niederkorn. Weaver has not established reversible error.

Carroll Creek Development Company, Inc. v. Town of Huntertown, Indiana
02A03-1307-PL-282
Civil plenary. Reverses partial summary judgment to the town on one part of Carroll Creek’s breach of contract claim. The trial court erroneously interpreted the contract as a matter of law. Remands for further proceedings.

Guadalupe Puente v. Beneficial Mortgage Co. of Indiana, PNC Bank, Fidelity National Title Insurance Co., and Meridian Title Corp.
45A03-1304-PL-159
Civil plenary. Affirms summary judgment for Fidelity on the issue of whether it is entitled to subrogation of Puente’s liability claims. The contract allows Fidelity to stand in the shoes of its insured with respect to Puente’s potential causes of action.

James Cody Ertel v. State of Indiana (NFP)
15A05-1307-CR-372
Criminal. Affirms 12-year sentence for Class B felony child molesting.

Brian S. Moore v. Kristy L. Moore (NFP)
49A04-1308-DR-401
Domestic relation. Affirms modification of parenting time and legal custody, reverses income imputed to father for child support purposes in the amount of $50,000 a year and remands for further proceedings.

George H. Glawson v. State of Indiana (NFP)
05A05-1309-CR-478
Criminal. Affirms conviction and sentence for Class D felony failure to return to lawful detention.

In Re: The Visitation of H.B., A.B. v. T.S. and A.S. (NFP)
87A01-1309-MI-415
Miscellaneous. Remands to the trial court for new findings and conclusions without hearing new evidence as the findings and conclusions by the trial court regarding relevant factors are incomplete.

Robert Campbell v. State of Indiana (NFP)
89A04-1309-CR-490
Criminal. Affirms finding that Campbell was in contempt of court but remands for the trial court to impose a sentence not exceeding six months. Affirms decisions forbidding the application of good-time credit in these circumstances.

In re the Adoption of M.D.: S.D. (Father) v. S.F. (Mother), and D.M. (Adoptive Parent) (NFP)
71A03-1309-JP-363
Juvenile. Affirms grant of stepfather’s petition to adopt M.D.

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

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  1. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

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