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Opinions Oct. 11, 2013

October 11, 2013
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The following 7th Circuit Court of Appeals decision was posted after IL deadline Thursday:
John W. Mullin II v. Temco Machinery Inc.
13-1338
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Reverses summary judgment for Temco on Mullin’s lawsuit alleging he was fired because of his age. A reasonable jury could conclude that Temco fired Mullin because of his age. Mullin has put forth ample circumstantial evidence, including examples of suspicious timing and ambiguous statements. Moreover, each of Temco’s alleged reasons for firing Mullin is either genuinely contested, seemingly inaccurate, or both.

Indiana Court of Appeals
Medtronic, Inc., v. Lori A. Malander, Individually and as Personal Representative of the Estate of David M. Malander, Sr., Deceased and Kathleen Malander
49A02-1211-CT-925
Civil tort. Affirms denial of Medtronic’s motion for summary judgment in an action against it by Lori Malander, individually and as the personal representative of the Estate of David Malander, deceased, and Kathleen Malander. The Medical Device Amendments to the Federal Food, Drug, and Cosmetics Act does not preempt the claim against Medtronic and genuine issues of material fact exist regarding whether Medtronic assumed a duty to David Malander.

Matthew Fiandt v. State of Indiana
32A01-1211-CR-496
Criminal. Affirms convictions of two counts of Class A misdemeanor intimidation and one count of Class B misdemeanor harassment. Fiandt failed to make a timely demand for a trial by jury as required by Criminal Rule 22, and, therefore, he was not entitled to have one. Judge Najam dissents.

Robert Corbin v. State of Indiana
75A03-1209-CR-402
Criminal. Reverses denial of Corbin’s request for dismissal of two counts of attempted child seduction. Corbin did not take the substantial steps required to amount to attempted child seduction. In addition, the second count does not even charge a crime under Indiana law.

In the Matter of Mental Health Actions for A.S., Sara Townsend
10A01-1211-MH-501
Mental health. Rules the trial court erred in finding Townsend to be in indirect civil contempt of court because the deceptive actions upon which the ruling was based were undertaken in the absence of a court order and thus cannot be regarded as an act of disobedience. The actions that caused the trial court to issue its order for rule to show cause form the basis for a charge of criminal contempt, not civil contempt. Leaves it for the state to decide whether to file such charges upon remand. Affirms the order directing Townsend to pay A.S’s uninsured medical expenses and $1,000 toward her attorney fees, as well as to pay $500 to Wellstone, because such was a legitimate exercise of the court’s inherent power to impose sanctions.

Frank D. Dinius v. State of Indiana (NFP)
02A03-1301-CR-29
Criminal. Affirms convictions and sentence for Class D felonies confinement and domestic battery and Class A misdemeanor interference with reporting of a crime.

Bryan D. Lewis v. State of Indiana (NFP)
34A02-1212-CR-973
Criminal. Affirms convictions of Class B felony possession of cocaine and Class A misdemeanor resisting law enforcement.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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