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

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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