`

Opinions Sept. 2, 2014

September 2, 2014

The following opinions were posted after IL deadline Friday:
7th Circuit Court of Appeals
Druco Restaurants Inc. v. Steak N Shake Enterprises, Inc., et al.
13-3489, 13-3490, 13-3491
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Civil. Affirms District Court’s decision to refuse to stay the franchisees’ lawsuits and decision to decline to compel arbitration. The court was correct in finding that the arbitration clauses are illusory and unenforceable under Indiana law.

United States of America v. Oscar Gonzalez, Martin Anaya, Sisto Bernal and Dante L. Reyes
13-2169, 13-2189, 13-2892, 13-3177
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Criminal. Affirms in part Anaya’s 360-month sentence for conspiracy to commit racketeering and drug convictions and remands for the limited purpose of correcting the judgment to reflect his racketeering conviction can only be for a maximum of 20 years. Affirms all other aspects of his sentence. Dismisses the appeals of Gonzalez, Bernal and Reyes because they waived their right to appeal in their guilty pleas.

Indiana Tax Court
Gary Community School Corporation v. Indiana Department of Local Government Finance
45T10-1104-TA-30
Tax.  Reverses the Department of Local Government Finance’s final determination and remands for further proceedings. The DLGF’s reduction in the school corporation’s exempt debt service fund levy is beyond the scope of its authority and unsupported by substantial evidence.

Gary Community School Corporation v. Indiana Department of Local Government Finance
45T10-1104-TA-30
Tax. Grants the DLGF’s motion to strike three exhibits contained in the school corporation’s appendix, but denies the motion to strike the school corporation’s March 24, 2011, letter. The exhibits in the appendix are not properly before the court, but the letter is properly before the court.

Tuesday’s opinions
7th Circuit Court of Appeals

James M. Sweeney, et al. v. Gov. Michael Pence, et al.
13-1264
U.S. District Court, Northern District of Indiana, Hammond Division, Chief Judge Philip P. Simon.
Civil. Affirms dismissal of union’s lawsuit arguing the Right to Work Act violates union members’ rights under the U.S. Constitution and is preempted by federal labor legislation. The legislation is not preempted by the scheme of federal labor law and does not violate any constitutional rights. Judge Tinder for the majority writes that the controversy of the law needs to be addressed legislatively, not through the courts. Chief Judge Wood dissents.

Indiana Court of Appeals
In Re the Matter of Z.G., J.C., and H.H.: Children Alleged to Be Children in Need of Services S.H. (Mother) & K.G. (Father of Z.G.) v. The Indiana Department of Child Services (NFP)
52A02-1403-JC-160
Juvenile. Affirms finding children are children in need of services.
 

ADVERTISEMENT