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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinion was posted after The Indiana Lawyer’s deadline Friday:
7th Circuit Court of Appeals
United States of America v. Nicholas Karagianis
23-2820
Criminal. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Chief Judge Tanya Walton Pratt. Affirms Nicholas Karagianis’ convictions in district court on two counts of distributing 50 grams or more of methamphetamine and one count of possessing a firearm as a felon, and his sentence of 168 months for each of Counts 1 and 2, and 120 months for Count 3, all to be served concurrently. Finds Karagianis falls well short of establishing that the district court’s actions adversely impacted his substantive rights or diminish the fairness, integrity, or public reputation of the judicial proceedings. Also finds there is little reason to believe that Karagianis would have received an even lower sentence had the court adopted the parties’ stipulated total offense level. Attorneys for appellant: Thomas Patton, Laura Maxwell, Elliot Louthen. Attorney for appellee: Pamela Domash, Colin Clark.
Monday opinions
Indiana Court of Appeals
Allianz Global Risks US Insurance Company v. Technicolor USA, Inc., et al.
24A-PL-1522
Civil plenary. Affirms the Marion Superior Commercial Court’s granting of partial summary judgment for Technicolor on the issue of coverage under the Umbrella Policies and its order to Allianz to defend Technicolor and reimburse costs Technicolor incurred defending itself in the Second Class Action. Finds neither the known loss doctrine nor the deemer clauses in the Umbrella Policies preclude coverage for Technicolor’s defense costs and attorneys’ fees for the Second Class Action. Also finds Allianz owes a duty to indemnify Technicolor for fees and costs associated with Technicolor S.A. Also finds the Commercial Court did not abuse its discretion by ordering prejudgment interest on Technicolor’s attorneys’ fee invoices, calculated from the date the invoices were due. Finally, finds Allianz is obligated to pay costs related to Technicolor’s arbitration proceedings. Attorneys for appellant: Katherine Haire, Lyndsay Ignasiak, John O’Malley. Attorneys for appellees: George Plews, Sean Hirschten, Ryan Leagre.
Trent Dishman v. Henry County Redevelopment Commission
25A-PL-178
Civil plenary. Affirms the Henry Circuit Court’s entry of summary judgment for the Henry County Redevelopment Commission on the RDC’s complaint for breach of contract against Trent Dishman. Finds the trial court read the option agreement correctly and properly entered summary judgment in favor of the RDC. Also finds Dishman’s attempts to rewrite the option agreement to require his receipt of the exercise of the option before the option could be effective is contrary to the plain language of his agreement and is not persuasive. Attorneys for appellant: Alan Townsend, Bradley Dick. Attorneys for appellee: Robert Daniels, Michael Heavilon, Jacqueline Richard.
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