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Wednesday, December 14, 2011

Ind. Decisions - Two 7th Circuit opinions today from Indiana

In Susan Kellar v. Summit Seating (ND Ind., Nuechterlein), a 16-page opinion, Judge Williams writes:

Susan Kellar contends that she is entitled to overtime under the Fair Labor Standards Act for work performed prior to the official start of her work shift. The district court granted summary judgment in favor of her employer, Summit Seating, because it found that Kellar’s pre-shift activities were “preliminary,” that any work Kellar performed before her shift was “de minimis,” and that Summit did not know that Kellar was engaging in pre-shift work. While we disagree with the district court’s conclusions regarding the “preliminary” and “de minimis” nature of Kellar’s pre-shift work, we affirm because we conclude that Summit did not know or have reason to know that Kellar was working before her shift.
In US v. Moody (SD Ind., Lawrence), an 11-page opinion, Judge Manion writes:
A jury convicted Andre Moody of one count of conspiracy to distribute 500 grams or more of methamphetamine, and one count of distribution of five grams or more of methamphetamine. The district court sentenced Moody to 292 months’ imprisonment for each count, set to run concurrently. Moody appeals, arguing that the district court erred in admitting evidence obtained in violation of his constitutional rights. We conclude that the challenged evidence was derived from an independent source, and in light of the fact that law enforcement did nothing with the challenged evidence for over two years before it was rediscovered by an independent source, any unconstitutional taint was removed and the evidence was properly admitted. We affirm.

Posted by Marcia Oddi on December 14, 2011 11:36 AM
Posted to Ind. (7th Cir.) Decisions