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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. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

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