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Monday, January 07, 2008

Ind. Decisions - Upcoming oral arguments this week

This Thursday, Jan. 10th:

9:00 AM - Cooper Industries, LLC v. City of South Bend - The Marion Superior Court entered a partial summary judgment allowing the City of South Bend and its Redevelopment Commission to pursue contamination-related claims against Cooper Industries with regard to property that the City acquired within six years before filing this lawsuit. The Court of Appeals reversed, concluding that the City’s claims are barred by the applicable statute of limitations. Cooper Industries, LLC v. City of South Bend, 863 N.E.2d 1253 (Ind. Ct. App. April 11, 2007), vacated. [See ILB summary here - 2nd case] The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Attorneys for Cooper Industries: Vicki Wright and Libby Mote of Indianapolis, IN and Dale Stephenson and Allen Kacenjar of Cleveland, OH and Thomas Heiden and Mary Rose Alexander of Chicago, IL. Attorneys for City of South Bend; George Plews and Jeffrey Featherstun of Indianapolis, IN and Cheryl Greene of South Bend, IN. Attorneys for Amici Curiae Ind. Legal Found. and Ind. Mfrs. Ass'n; Bryan Babb and Mathew Klein of Indianapolis, IN. Attorneys for Amici Curiae Ind. Ass'n of Cities and Towns and Ind. Mun. Lawyers' Ass'n; Brent Huber, Donald Snemis and Freedom Smith of Indianapolis, IN. Attorney for Amicus Curiae Commercial Logistics Corp.; Peter Rusthoven of Indianapolis, IN. Attorney for Amicus Curiae ACF Indus., LLC; Geoffrey Slaughter of Indianapolis, IN.

9:45 AM - Christopher Brown, D.D.S., Inc. v. Decatur County Memorial Hospital - The Worker’s Compensation Board denied the request of Brown, a health services provider, for interest on an amount owed for the services that Brown provided to an injured worker. The Court of Appeals affirmed. Christopher Brown, DDS, Inc. v. Decatur County Memorial Hospital, 873 N.E.2d 69 (Ind. Ct. App. Nov. 30, 2007), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Attorney for Brown: C. Richard Marshall, Columbus, IN. Attorneys for Decatur County Memorial Hospital: Donald S. Smith and Cheryl D. Finchum, Indianapolis, IN.

Webcasts will be available here.


This week's oral arguments before the Court of Appeals that will be webcast:

None scheduled.

This week's oral arguments before the Court of Appeals that will NOT be webcast:

This Monday, Jan. 7th:

10:30 AM - South Bend School Corp. v. Linda D. Lucas and the Unemployment Ins. Review Bd. - This is an appeal from the Review Board of the Workforce Development involving a teacher who became unemployed when her program concluded. The Scheduled Panel Members are: Chief Judge Baker, Judges Sharpnack and Riley.

This Wednesday, Jan. 9th:

1:30 PM - Jeffrey L. Hiland, Administrator of the Estate of Aubra J. Hiland, Deceased - Appellant-Plaintiff Jeffery Hiland, appeals the trial court's order granting summary judgment in favor of Appellees-Defendants, State of Indiana and INDOT on a wrongful death action. The Scheduled Panel Members are: Chief Judge Baker, Judges Darden and Bradford.

This Thursday, Jan. 10th:

12:10 PM - Prime Mortgage USA, Inc, and David M. Law vs. Delie T. Nichols - Appellant David M. Law and appellee, Delie T. Nichols, are co-owners of Prime Mortgage USA, INC. Nichols claims that Law forged her name to a document authorizing him to create more company shares, which he gave to a family member and an employee. Nichols filed a complaint, including a claim against Law for damages under the crime victim's statute. After the appellants filed discovery responses that the trial court found deficient, the trial court ordered a default judgment as a discovery sanction. The issues at hand are whether or not Nichols' claim under the crime victim's statute is barred by the statute of limitations, and whether or not a jury trial was required on the amount of damages under the crime victim's statute. The Scheduled Panel Members are: Judges Kirsch, Robb and Mathias. [Where: Boulder Creek Dining Company, 1551 North Green Street, Brownsburg, Indiana ]

Posted by Marcia Oddi on January 7, 2008 12:00 PM
Posted to Upcoming Oral Arguments