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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. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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