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Opinions Dec. 27, 2011

December 27, 2011
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7th Circuit Court of Appeals
ATA Airlines Inc. v. Federal Express Corp.
11-1382, 11-1492
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard L. Young
Civil. Reverses $66 million jury award in favor of ATA against FedEx for breach of contract. ATA’s breach of contract claim should never have been permitted to go to trial because the letter agreement between the two parties was not an enforceable contract. In addition, ATA’s expert’s testimony on regression analysis never should have been allowed to be put before a jury.

Indiana Court of Appeals
Clayton C. Franchville v. Dyanne R. Franchville (NFP)
49A04-1011-DR-777
Domestic relations. Affirms division of assets in dissolution decree.

Ronnie Major v. State of Indiana (NFP)
45A03-1105-CR-220
Criminal. Affirms conviction of Class C felony battery.

David D. Sanders v. State of Indiana (NFP)
49A02-1104-CR-376
Criminal. Affirms conviction of Class D felony theft and adjudication as a habitual offender.

Khristopher D. Harvey v. State of Indiana (NFP)
02A03-1101-CR-35
Criminal. Affirms conviction of felony murder.

H & J Legacy Family Limited Partnership v. R.L.S. Developments, LLC, et al. (NFP)
57A03-1105-PL-185
Civil plenary. Affirms trial court conclusion that H & J had properly pleaded a fraudulent transfer claim only as to the mortgage on the 620 Westgate property and that the mortgage was not a fraudulent transfer. Affirms findings regarding RLS’s ownership of real estate assets.

Mark A. Conley v. State of Indiana (NFP)
08A04-1104-CR-204
Criminal. Affirms conviction of Class D felony escape.

Anthony Morris v. State of Indiana (NFP)
29A02-1011-CR-1182
Criminal. Affirms conviction of Class C misdemeanor operating a vehicle with an alcohol concentration equivalent of at least 0.08 grams of alcohol.

David Leroy Hale v. State of Indiana (NFP)
79A02-1106-PC-617
Post conviction. Affirms denial of petition for post-conviction relief.

Christopher W. Hovis v. State of Indiana (NFP)
92A03-1011-CR-613
Criminal. Affirms sentence for Class C felony assisting a criminal.

The Indiana Supreme Court and Tax Court had posted no opinions at IL deadline.
 

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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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