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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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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