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Opinions June 2, 2016

June 2, 2016

The following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday:
Hubert E. Walker, on behalf of himself and a class v. Trailer Transit Inc.
15-1482
United States District Court for the Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Affirms drivers are not entitled to profits from special services such as licenses, escort vehicles and wide-load signs Trailer Transit provides because the language is not in the contract between the company and the drivers. The drivers are guaranteed 71 percent of all revenue obtained from rental of their rigs, but the contract does not state they are entitled to 71 percent of the special services profits as well.

Thursday's opinions

Indiana Supreme Court
Andy Mohr West D/B/A Andy Mohr Toyota, Butler Motors Inc. D/B/A Butler Toyota and TW Toy, Inc. D/B/A Tom Wood Toyota v. Office of the Indiana Secretary of State, Auto Dealer Services Division and Carol Mihalik, in her representative capacity as securities commissioner of the auto dealer services division and Toyota Motor Sales U.S.A., Inc.

49S02-1511-PL-668
Civil plenary. Affirms Auto Dealer Services' decision that the dealerships lack standing to challenge Ed Martin Toyota's move from Madison County into Hamilton County, where the three plaintiff Toyota dealers operate. Holds the six-mile radius under statute applies, and Ed Martin's dealership will be at least 7 miles from the nearest existing dealer.

Indiana Court of Appeals
Tahj R. Thomas v. State of Indiana (mem. dec.)
02A04-1511-CR-2069
Criminal. Affirms Tahj R. Thomas’ aggregate eight-year sentence after he pleaded guilty to rape and criminal deviate conduct as Class A felonies.

Scott Charles Kuhn v. Midfirst Bank (mem. dec.)
49A02-1512-MF-2097
Mortgage foreclosure. Affirms summary judgment and decree of foreclosure in favor of MidFirst Bank.
 

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