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Opinions Sept. 8, 2010

September 8, 2010
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7th Circuit Court of Appeals
Letecia D. Brown v. Automotive Components Holdings, LLC and Ford Motor Co.
09-1641
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard L. Young.
Civil. Affirms summary judgment dismissing Brown’s FMLA claim following her termination from Ford. The undisputed facts show Brown was absent without leave after failing to give proper FMLA notice for an extension of a previously requested leave period.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Gregory Carter v. State of Indiana
32A01-0911-CR-539
Criminal. Affirms conviction of robbery resulting in bodily injury as a Class B felony but reverses conviction of theft as a Class D felony due to double jeopardy. The trial court did not abuse its discretion when excluding Wal-Mart’s loss-prevention policy and there was no prosecutorial misconduct during voir dire.

Department of Waterworks for the Consolidated City of Indianapolis v. Community School Corp. of Southern Hancock County
93A02-1002-EX-218
Civil. Affirms Indiana Utility Regulatory Commission’s decision in favor of the school allowing it to install a service pipe in lieu of a water main extension. The IURC properly determined that the water company’s rules do not preclude the school from connecting its new building to an existing water main, and the judges found no other error. Judge Riley dissents.

James Ricketts v. First Horizon Home Loans, et al. (NFP)
49A02-0911-CV-1083
Civil. Affirms denial of motion to correct errors and motion for final judgment.

Robert J. Egierski v. Caterina M. Sergio-Sniadecki (NFP)
71A03-1002-DR-149
Domestic relation. Affirms denial of Egierski’s motion to modify the joint legal custody of his son to sole legal custody to father.

Jack M. Estes, II v. State of Indiana (NFP)
29A02-1003-CR-320
Criminal. Affirms conviction of dealing in a Schedule III controlled substance as a Class B felony.

Timothy P. Treacy v. State of Indiana (NFP)
49A02-0910-CR-1031
Criminal. Affirms convictions of operating while intoxicated as a Class D felony and public intoxication as a Class B misdemeanor.

Steven Griggs v. Steve Querry (NFP)
34A02-1003-SC-287
Small claim. Affirms judgment in favor of Querry for $3,970.31 in damages suffered by Querry.

Michael Powell v. State of Indiana (NFP)
84A03-0912-CR-589
Criminal. Affirms revocation of probation.

Lambert C. Genetos, et al. v. Andrew J. Kopko (NFP)
64A05-0912-CV-680
Civil. Reverses judgment entered on the arbitrators’ original award rather than their amended award and remands.

Gerald M. Mitchell v. State of Indiana (NFP)
49A02-1003-CR-376
Criminal. Affirms denial of motion to remove sexually violent predator status.

Joseph M. Sipe v. Laurie L. Sipe (NFP)
32A01-1001-DR-83
Domestic relation. Affirms recalculation of the depreciation of Joseph’s business equipment for purposes of his 2006 income for child support purposes. Affirms valuation and assignment of the cattle and Laurie’s property. Reverses decision to exclude the value of the three horses from the marital estate. Remands for further proceedings.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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