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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.
10-1290
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.
72A05-0912-CV-743
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
49A02-1005-CT-575
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)
82A05-1002-DR-141
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. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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