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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. 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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