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Opinions Sept. 3, 2010

September 3, 2010
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7th Circuit Court of Appeals
Trent L. Chapin v. Fort-Rohr Motors Inc.
09-1347
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Civil. Reverses denial of Fort-Rohr’s motion for judgment as a matter of law after a jury found in Chapin’s favor in his retaliation suit. Fort-Rohr was entitled to judgment as a matter of law because Chapin did not produce sufficient evidence to support an actual or constructive discharge.

Indiana Supreme Court
In the Matter of Anonymous
No. 10S00-1006-DI-288
Discipline. The high court privately reprimands a Clark County attorney for violating Indiana Professional Conduct Rule 5.5(a) for assisting in the unauthorized practice of law in this state. Respondent agreed to serve as local counsel for Kentucky attorney John Redelberger who represented an Indiana client. Once in court, the judge informed Respondent that Redelberger was not licensed to practice law in Indiana. Respondent told Redelberger he must seek temporary admission and sent Redelberger a copy of the applicable rule; however neither followed through on obtaining temporary admission. The Supreme Court noted that Indiana attorneys serving as local counsel for out-of-state attorneys are hereby advised of the importance of their duty to ensure complete and timely compliance with all the requirements of Admission and Discipline Rule 3(2).

Indiana Court of Appeals
In the Matter of the Unsupervised Estate of Judith E. Phillips v. Rainer Assmann (NFP)
40A05-1001-EU-33
Estate, Unsupervised. Affirms trial court judgment in favor of Assmann for $34,514.04, concluding it did not abuse its discretion in ruling on the competence of Assmann’s testimony under the Dead Man’s Statute.

Daniel E. Hoagland, et al. v. Dorothy H. Mosier, et al. (NFP)
76A03-0911-CV-521
Civil. Affirms trial court’s judgment approving a signed memorandum of agreement and quieting title to each party’s lot.

Ahmed Bellamy v. State of Indiana (NFP)
49A04-1002-CR-54
Criminal. Affirms trial court order that Bellamy serve the remainder of his outstanding sentence imposed after his probation revocation.

The following opion was posted after IL deadline Thursday.

Indiana Tax Court
6787 Steelworkers Hall, Inc. v. John R. Scott, Assessor of Porter County
No. 49T10-0906-TA-27
Tax. Affirms Indiana Board of Tax Review’s determination that Local 6787’s banquet facility is not predominately used for education or charitable purposes and therefore is 100 percent taxable.
 

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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