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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. 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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