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Opinions Sept. 2, 2011

September 2, 2011
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7th Circuit Court of Appeals
Gary Williams and Nancy Meehan v. Rohm and Haas Pension Plan
10-1978, 10-2175, 10-3713
U.S. District Court, Southern District of Indiana, New Albany Division, Judge Sarah Evans Barker.
Civil. Affirms $180 million settlement and approval of $43.5 million in attorney fees. The District Court adequately addressed the expected value of the early retirees’ claims. The District Court did not abuse its discretion by not creating a separately represented subclass of early retirees. The 7th Circuit sees no reason to disturb the District Court’s assessment of attorney fees.

United States of America v. Jake Richardson III
11-1205
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Jon E. DeGuilio.
Criminal. Richardson has not shown that the District Court erred by admitting the physical evidence found on him after a traffic stop or by admitting evidence of the statements Richardson volunteered to police.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
James Daher v. Mark Sevier
52A04-1103-MI-150
Miscellaneous. Affirms dismissal of prisoner Daher’s request for a temporary restraining order. Daher’s complaint about the jumpsuits falls so far below the Eighth Amendment threshold of cruel and unusual punishment that it can be fairly characterized as a trivial complaint in that context.

Kirby D. Edwards v. State of Indiana
18A02-1102-CR-118
Criminal. Affirms determination that Edwards is a sexually violent predator. The trial court, after weighing the doctors’ reports and testimony, considering the presentence investigation report, and finding that Edwards also had a lack of remorse, did not abuse its discretion in determining he should be classified as a SVP. Also, Ind. Code 35-38-1-7.5(e) does not require that the doctors who evaluate a defendant conduct the evaluations separately.  

Visitation of P.V.D. and P.I.D.; P.M. v. K.B.
45A03-1102-JM-79
Juvenile. Reverses denial of mother P.M.’s request that the trial court set aside its previous order granting maternal grandmother K.B. visitation with P.M.’s minor children. The trial court erroneously denied P.M.’s request for relief from the default judgment. Lake County was not the proper venue for the grandmother’s petition. Remands with instructions to rescind the previous order granting K.B. visitation with the children under the Grandparent Visitation Act.

Anthony Wheeler v. State of Indiana (NFP)
49A02-1101-PC-22
Post conviction. Affirms denial of petition for post-conviction relief.

Anthony W. Dalton v. State of Indiana (NFP)
20A03-1101-CR-26
Criminal. Affirms sentence following guilty plea to Class C felony battery and Class B misdemeanor public intoxication.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

  2. As an adoptive parent, I have to say this situation was as shameful as it gets. While the state government opens its wallet to the Simons and their friends, it denied payments to the most vulnerable in our state. Thanks Mitch!

  3. We as lawyers who have given up the range of First amendment freedom that other people possess, so that we can have a license to practice in the courts of the state and make gobs of money, that we agree to combat the hateful and bigoted discrimination enshrined in the law by democratic majorities, that Law Lord Posner has graciously explained for us....... We must now unhesitatingly condemn the sincerely held religious beliefs of religiously observant Catholics, Muslims, Christians, and Jewish persons alike who yet adhere to Scriptural exhortations concerning sodomites and catamites..... No tolerance will be extended to intolerance, and we must hate the haters most zealously! And in our public explanations of this constitutional garbledygook, when doing the balancing act, we must remember that the state always pushes its finger down on the individualism side of the scale at every turn and at every juncture no matter what the cost to society.....to elevate the values of a minority over the values of the majority is now the defining feature of American "Democracy..." we must remember our role in tricking Americans to think that this is desirable in spite of their own democratically expressed values being trashed. As a secular republic the United States might as well be officially atheist, religious people are now all bigots and will soon be treated with the same contempt that kluckers were in recent times..... The most important thing is that any source of moral authority besides the state be absolutely crushed.

  4. In my recent article in Indiana Lawyer, I noted that grass roots marketing -- reaching out and touching people -- is still one of the best forms of advertising today. It's often forgotten in the midst of all of today's "newer wave" marketing techniques. Shaking hands and kissing babies is what politicians have done for year and it still works. These are perfect examples of building goodwill. Kudos to these firms. Make "grass roots" an essential part of your marketing plan. Jon Quick QPRmarketing.com

  5. Hi, Who can I speak to regarding advertising today? Thanks, Gary

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