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Opinions Sept. 29, 2011

September 29, 2011
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7th Circuit Court of Appeals
Cedar Farm, Harrison County Inc. v. Louisville Gas and Electric Co.
10-2234
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge David F. Hamilton.
Civil. Affirms summary judgment for Louisville Gas and Electric on Cedar Farm’s attempt to eject Louisville Gas and Electric from its property and to terminate an oil and gas lease for violations of certain portions of the lease. The lease allows for a damages remedy and Cedar Farm hasn’t show that damages are inadequate to compensate for the harm to its property.

Indiana Supreme Court
In the Matter of Everett E. Powell, II
49S00-0910-DI-426
Discipline. Suspends Powell for at least 120 days without automatic reinstatement for collecting a clearly unreasonable and exploitive fee from a vulnerable client in violation of Indiana Professional Conduct Rule 1.5(a).

Indiana Court of Appeals
N.W. v. Indiana Dept. of Child Services (NFP)
65A01-1101-JT-7
Juvenile. Affirms termination of mother’s parental rights.

Jenna L. Zent, et al. Stallard & Associates, Inc. (NFP)
49A02-1012-PL-1364
Civil plenary. Dismisses Zent’s appeal of summary judgment in favor of Stallard & Associates on Zent’s complaint relating to a landlord-tenant dispute.

B.P. v. State of Indiana (NFP)
49A05-1101-JV-33
Juvenile. Remands with instructions to correct dispositional orders and CCS entries made to reflect B.P.’s adjudication.

Bryan J. Fields v. State of Indiana (NFP)
20A03-1102-CR-101
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated.

Indiana Tax Court had posted no opinions at IL deadline.

 

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  1. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  2. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  3. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  4. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

  5. Can I get this form on line,if not where can I obtain one. I am eligible.

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