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Monday, December 20, 2004

Indiana Decisions - Oral arguments today

The Indiana Supreme Court has two oral arguments scheduled for today, Monday, Dec. 20. These are the last planned for 2004.

At 9:00 AM DFS Healthcare (certified question) is scheduled. The official summary:

Oral argument in this case has been vacated and continued until further notice from the Court. The Court has ordered the parties’ counsel to appear to show cause why they should not be held in contempt for failure to comply with this Court’s scheduling orders. Attorneys for Appellant; D. Andrew Potinga of Grand Rapids, MI and Christopher Nichols of Peoria, IL. Attorney for Appellee; Susan Davis of E. Grand Rapids, MI.
At 9:45 AM SMDfund, Inc., et al v. Fort Wayne-Allen County Airport Auth., et al is scheduled. The official summary:
Appellants are a citizen’s group and individual taxpayers challenging the legislation that established the Fort Wayne-Allen County Airport Authority and the latter’s authority manage and control airports in Allen County. The Allen Circuit Court granted the Appellees’ motions for summary judgment. Pursuant to Indiana Appellate Rule 56(A), the Supreme Court has granted petitions to transfer the case and has assumed jurisdiction over the appeal. Attorneys for SMDfund; Susan Hanson, Edward Benchik and Charles Shedlak, all of South Bend, IN. Attorneys for Fort Wayne-Allen County Airport Auth.; Kathryn Brogan, F. L. Logan, and Christopher Forrest, all of Fort Wayne, IN. Attorneys for City of Fort Wayne; Timothy Manges and Carol Smith of Fort Wayne, IN. Attorney for Allen County; George Fishering, Fort Wayne, IN.
A Dec. 1, 2004 IBL entry, titled "Case on Fort Wayne Airport Board Could Affect Hundreds of Laws," is available here. Earlier ILB reports on the Supreme Court's grant of emergency transfer in this important case, plus analysis and a link to the initial, 6/28/04 decision of the Allen Circuit Court, are available here: 9/22/04 and 9/21/04.

The Indiana Court of Appeals also has an oral argument set for today, plus one on Dec. 29th.

At 1:00 PM today, Outback Steakhouse v David Markley, et al is scheduled. The official summary:

The Markley's were involved in a traffic accident and sued Outback for serving alcohol to an already intoxicated patron who caused the accident. The trial court found for the Markley's. On appeal, Outback asserts information was not disclosed by Markley's counsel at trial and that the trial judge did not instruct the jury as to the potential fault of a bar that was not a party to the Markley's law suit.
At 1:30 PM on Wednesday, Dec. 29th, a stay hearing in James Lowery v. Housing Authority, City of Terre Haute is scheduled.

Posted by Marcia Oddi on December 20, 2004 07:25 AM
Posted to Indiana Courts