Opinions Nov. 18, 2010

November 18, 2010
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7th Circuit Court of Appeals
David N. Rain and Paramount International Inc. v. Rolls-Royce Corp.
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms partial summary judgment in favor of Rolls-Royce on Rain’s claim for breach of contract by breaching a non-disparagement provision in a settlement agreement after Rolls-Royce filed a Texas lawsuit involving Rain and Paramount. The requirements for applying Indiana’s absolute privilege are satisfied - the allegations were made in the course of a judicial proceeding to which they were relevant. Affirms the judgment following a bench trial on breach of contract in favor of Rolls-Royce after Rolls-Royce asked Rain to leave an event. Finds that the meaning of the word “disparage” in the settlement agreement properly is limited to actions dishonoring, discrediting, denigrating or belittling the parties’ economic, business or professional interests.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Jamie Wicker v. Rodney McIntosh, et al.
Civil. Affirms summary judgment in favor of intervening plaintiff United Farm Family Mutual Insurance Co. on its complaint for declaratory judgment in Wicker’s negligence suit. The trial court correctly entered summary judgment in favor of the insurer as the unambiguous language of the insurance policy excludes coverage. The exception to the exclusion relied upon by Wicker does not apply as it is uncontroverted that the accident leading to the claim of damages occurred at an uninsured location.

Patrice Cotton v. Auto-Owners Insurance Company
Civil tort. Affirms partial summary judgment for Auto-Owners Insurance Co. on Cotton’s complaint seeking coverage under a garage policy issued by Auto-Owners to Jim Bailey Auto Sales for injuries sustained in a car accident. For an “incidental” act or occurrence to be insured, it must bear a direct relationship to coverage under the garage liability policy, and Cotton has not shown such a relationship here. Cotton has not shown that the trial court abused its discretion when it denied her motion to strike the affidavit of the dealer, Jim Bailey.

Patrick Alvey v. Natalie K. (Alvey) Hite (NFP)
Domestic relation. The dissolution court’s failure to assign any value to Patrick’s inherited property and not including it in the marital estate is a clear error. Remands with instructions for the dissolution court to include Patrick’s inherited property in the marital estate, to value the property, and to issue and new order redistributing the marital assets and liabilities accordingly. Affirms dissolution decree in all other respects.

Indiana Tax Court had posted no opinions at IL deadline.



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  1. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  2. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  3. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  4. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon

  5. So men who think they are girls at heart can use the lady's potty? Usually the longer line is for the women's loo, so, the ladies may be the ones to experience temporary gender dysphoria, who knows? Is it ok to joke about his or is that hate? I may need a brainwash too, hey! I may just object to my own comment, later, if I get myself properly "oriented"