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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. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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