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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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