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Friday, July 11, 2008

Ind. Decisions - 7th Circuit rules in two Indiana cases today

In Manez, et al v. Bridgestone Firestone (SD Ind., Judge Barker), a 28-page opinion, Judge Wood concludes:

In summary, we conclude that the district court had subject-matter jurisdiction to decide whether there had been an abuse of process and that Pereznieto’s contacts with the Indiana proceeding were sufficient to support personal jurisdiction over him. We further conclude that although the district court possesses inherent authority to address the kind of abuse with which Pereznieto is charged, Pereznieto did not receive constitutionally adequate notice and an opportunity to be heard in the proceeding that led to the $100,000 fine and other sanctions against him. We therefore VACATE the order and REMAND to the district court for reconsideration in light of this opinion. Each party shall bear its own costs on appeal.
In US v. Nunez (SD Ind., Judge Barker), a 17-page opinion, Judge Bauer writes:
On appeal, Nunez argues that the district court erred in permitting the jury to use transcripts of intercepted phone conversations that marked and defined alleged code words for drug terms. Nunez also asserts that multiple instances of prosecutorial misconduct amount to cumulative error resulting in an improper verdict. For the following reasons, we reject Nunez’s contentions and affirm his conviction.

Posted by Marcia Oddi on July 11, 2008 01:38 PM
Posted to Ind. (7th Cir.) Decisions