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Opinions Nov. 4, 2013

November 4, 2013
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7th Circuit Court of Appeals
Christian Serino v. Alec Hensley and City of Oakland City, Indiana
13-1058
U.S. District Court, Southern District of Indiana, Evansville Division, Chief Judge Richard Young.
Civil. Affirms dismissal of Serino’s lawsuit for federal claims of false arrest and malicious prosecution and Indiana tort claims for false arrest, malicious prosecution and intentional infliction of emotional distress. Serino’s claims are time-barred; his federal malicious prosecution claim failed to state a constitutional violation independent of his time-barred false arrest claim, and his state law claims for malicious prosecution and IIED were barred by the defendants’ immunity under the Indiana Tort Claims Act.

Indiana Court of Appeals
Claire's Boutiques, Inc. v. Brownsburg Station Partners LLC
32A01-1209-CC-438
Civil collections. Reverses a ruling in favor of Brownsburg Station, holding that the trial court erred when it denied Claire’s motion for summary judgment. Claire’s was allowed under a co-tenancy provision of its lease to terminate the agreement if vacancy rates in certain buildings fell below 70 percent. The trial court erred when it determined that Claire’s violated the lease because the total amount of relevant space vacant was not below 70 percent. Remanded to the trial court with instructions to grant summary judgment in favor of Claire’s.

Gregory A. Harris v. State of Indiana
39A05-1205-CR-239
Criminal. On rehearing, affirms its prior ruling upholding the trial court’s denial of a motion to dismiss a charge of sexual misconduct with a minor on which a jury was hung based on the same facts constituting a rape charge on which Harris was acquitted. Also reaffirms the trial court’s denial of the state’s motion to amend the charging information against Harris. The court declined to find double-jeopardy violations as a result of the Indiana Supreme Court’s decision in Garrett v. State, 992 N.E.2d 710 (Ind. 2013).

Robert M. King v. State of Indiana (NFP)
20A03-1303-CR-105
Criminal. Affirms convictions of three counts of criminal confinement, Class B felonies.

The Indiana Supreme Court and the Indiana Tax Court released 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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