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Opinions Nov. 4, 2011

November 4, 2011
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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
Liz Anderson, individually and as Personal Representative of the Estate of Jeff Anderson v.Gulf Stream Coach, Inc.
11-1064
U.S. District Court, Northern District of Indiana, South Bend Division, Magistrate Judge Christopher A. Nuechterlein.
Civil. Reverses District Court’s dismissal of the Andersons’ Indiana law claims for breach of express warranty and breach of implied warranty and their federal claims under the Magnuson-Moss Act on the grounds that the Andersons did not give Gulf Stream a reasonable opportunity to cure. Holds that the evidence supports their contention that they did give Gulf Stream a reasonable opportunity to cure. Affirms summary judgment in favor of Gulf Stream with respect to the Andersons’ claims for fraud and the commission of an “incurable” deceptive act. Remands for further proceedings.  

Friday's opinions
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.


Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Randall Perkins v. Jayco, Inc.
93A02-1104-EX-361
Miscellaneous. Affirms Worker’s Compensation Board’s affirmation of a single hearing member, who had concluded that Perkins’ employer is not responsible for providing palliative care to Perkins. Holds that the board erred in concluding that a finding that Perkins had reached maximum medical improvement allows for an inference that future treatment is not needed, but held that the error was harmless as a doctor’s report indicated future medical treatments would not be causally related to Perkins’ work injury.

Anna Godby v. Sylvia M. Groce (NFP)
33A04-1012-MI-779
Miscellaneous. Affirms trial court’s denial of motion to correct error after granting summary judgment for Groce on her action to quiet title.

Johnathon Chandler v. State of Indiana (NFP)
16A04-1102-CR-105
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license and Class C infraction operating a vehicle with expired plates.

Gary L. Green v. State of Indiana (NFP)
49A02-1103-CR-248
Criminal. Reverses denial of motion to compel an attorney to return documents and unearned fees, holding that the post-conviction court should hold a hearing to determine whether Green’s former attorney has any documents to which Green is entitled and whether the fees retained were unearned.

Dr. Kurt Kessler, M.D. v. Memorial Hospital and Health Care Center, a/k/a Little Company of Mary Hospital of Indiana, Inc., and Dr. Joseph Munning, M.D. (NFP)
51A01-1103-PL-103
Civil plenary. Affirms trial court’s grant of summary judgment in favor of Memorial Hospital and Health Care Center and Dr. Munning on Dr. Kessler’s complaint alleging fraud.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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