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Monday, September 10, 2007

Ind. Decisions - Upcoming Supreme Court oral arguments this week

Upcoming oral arguments before the Supreme Court this Thursday, Sept. 13th:

9:00:00 AM - American Fire & Cas. Co. v. Thomas Roller - In this insurance coverage dispute, the insurer moved for summary judgment, contending the policy does not cover claims based on faulty workmanship. The Hamilton Superior Court denied the motion. The Court of Appeals affirmed, holding factual disputes regarding the insurer's alleged bad faith precluded summary judgment. See American Fire & Casualty Co. v. Roller, 2007 WL 1139422 (Ind. Ct. App. 2007), vacated. The Supreme Court has granted a petition to transfer the case, thus vacating the opinion of the Court of Appeals, and has assumed jurisdiction over the appeal. (See Feb. 8., 2007 ILB COA summary here.)

9:45:00 AM - Rebecca Shaw v. LDC Enterprises, Inc. - The parents of a minor involved in a fatal one-car accident in Indiana filed a complaint against an Illinois restaurant, alleging restaurant employees served their daughter alcohol. The restaurant moved to dismiss the common law and statutory nuisance claims, contending Illinois substantive law governed the claims. The Fountain Circuit Court granted the motion. The Court of Appeals reversed, concluding that under choice of law principles, Indiana substantive law applied and the trial court erred in dismissing the common law and statutory nuisance claims. Shaw v. LDC Enterprises, Inc., 863 N.E.2d 424 (Ind. Ct. App. 2007), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. (See March 30, 2007 ILB COA summary here.)

Webcasts will be available here.

Posted by Marcia Oddi on September 10, 2007 01:03 PM
Posted to Ind. Sup.Ct. Decisions