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Monday, January 14, 2008

Ind. Decisions - Upcoming oral arguments this week

Ind. Decisions - Upcoming oral arguments this week

This week's oral arguments before the Supreme Court:

This Thursday, Jan. 17th:

9:00 AM - Alan Jones v. State - After serving the executed portion of a sentence for child molesting, Jones was released on probation. In the instant proceedings, the trial court determined that Jones violated his probation, reinstated the ten-year suspended portion of the original sentence, and determined that Jones was a sexually violent predator. The Court of Appeals affirmed in Jones v. State, 873 N.E.2d 725 (Ind. Ct. App. 9/21/2007), vacated. [See ILB summary here.] The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Attorney for Jones: Patricia Caress McMath, Indianapolis, IN. Attorney for the State: Joby Jerrells, Indianapolis, IN.

9:45 AM - Brenwick Associates, LLC v. Boone County Redev. Comm'n - The Boone Superior Court entered judgment for Appellees, the Boone County Redevelopment Commission and the Board of Commissioners of Boone County, thereby upholding the Appellees' establishment of an economic development area ("EDA") over land the Town of Whitestown had previously included in an annexation ordinance and land Whitestown added to its ordinance after Appellees had initiated establishment of the EDA. The Court of Appeals reversed the judgment to the extent it upheld Appellees' establishment of an EDA over the land originally included in Whitestown's annexation ordinance and affirmed the judgment to the extent it approved the establishment of an EDA over the remaining land. Brenwick Assoc., LLC v. Boone County Redev. Comm'n, 870 N.E.2d 474 (Ind. Ct. App. 7/20/2007), vacated. [See ILB summary here.] The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Attorneys for Brenwick Assoc.; George Patton, Jr., Alan Townsend, Christopher Janak and Stephen Unger all of Indianapolis, IN. Attorneys for Boone County; Eileen Simms of Lebanon, IN and Thomas Downs, Michael Wukmer and Donald Hosteltler all of Indianapolis, IN. Attorney for Amici Curiae City of Mitchell, et al.; R. Thomas Bodkin of Evansville, IN. Attorney for Amici Curiae Assoc. of Indiana Counties, Inc., et al.; Michael Howard of Noblesville, IN.

10:30 AM - Travelers Cas. & Sur. Co. v. United States Filter Corp. - In this insurance coverage dispute, the Marion Superior Court entered summary judgment that a corporate successor to the original insureds could seek coverage for silica injury claims under various occurrence-based liability policies. The Court of Appeals affirmed this decision, holding that the insureds' right to assert coverage was transferable to corporate successors. Travelers Cas. & Sur. Co. v. U.S. Filter Corp., 870 N.E.2d 529 (Ind. Ct. App. 7/24/2007), vacated. [This is the Wheelabrator case; see this ILB entry.] The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Attorney for U.S. Filter Corp.; Stanley Fickle, Robert MacGill , Charles Edwards and Joseph Wendt all of Indianapolis, IN. Attorneys for Wheelabrator Tech., Inc.; Fred Biesecker, Brent Huber and Brian Bailey all of Indianapolis, IN. Attorneys for Travelers Cas. and Sur. Co.; Richard Rocap of Indianapolis, IN and Charles Browning, Stephen Brown and Mary Massaron Ross all of Bloomfield Hills, MI. Attorneys for Continental Ins. Co., et al; Mary Reeder of Indianapolis, IN and David Schoenfeld, Irving Faberand Sarah McTurnan all of Chicago, IL. Attorney for Federal Ins. Co.; Stephen Peters of Indianapolis, IN. Attorneys for Century Indem. Co., et al; Scott A. Harkness and Bruce L. Kamplain of Indianapolis, IN. Attorneys for Certain Solvent Ins. Co. of The Lloyd's of London Market Co.; Russell Perdew of Chicago, IL and Donald Orzeske of Indianapolis, IN. Attorneys for Employers Mut. Cas. Co.; Ronald Heath and Sean T. White of Indianapolis, IN. Attorney for Hartford Accident and Indem. Co., et al; Donald Kite, Sr. of Indianapolis, IN. Attorneys for TIG Ins. Co.; David Temple of Indianapolis, IN and Louis Corsi and Joseph Tomaino of New York, NY. Attorneys for Allstate Ins. Co.; Norman Funk and Rori Goldman of Indianapolis, IN and Robert Anderson, III and David Rubin of Chicago, IL. Attorney for Amici Curiae Indiana Mfrs. Ass'n and Duke Energy Indiana, Inc.; Kevin Toner of Indianapolis, IN. Attorney for Amici Curiae United Policyholders and Indiana Mfrs. Ass'n; Charles Denton II of Grand Rapids, MI. Attorney for Amicus Curiae Duke Energy Shared Services; Eric Cavanaugh of Plainfield, IN. Attorneys for Amicus Curiae United Policyholders; William Passannante, Cort Malone and Brittany Hillman all of New York, NY and Amy Bach of Mill Valley, CA. Attorneys for Amici Curiae Nat'lSolidWastes Mgmt Ass'n and Indiana Petroleum Marketers and Convenience Stores Ass'n, Inc.; George Plews, Christopher Braun and Jeffrey Featherstun of Indianapolis, IN. Attorneys for Amicus Curiae Complex Ins. Claims Litig. Ass'n; Michael Cracraft of Indianapolis, IN and Laura Foggan and Benjamin Theisman of Washington, DC.

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 Tuesday, Jan. 15th:

9:30 AM - John B. Lind vs. Menard, Inc., et al - Plaintiff John B. Lind appeals the trial court's order granting summary judgment to Defendant Scotch Corporation following his petition for damages against Scotch under theories of negligence, strict liability in tort, and breach of warranty. The Scheduled Panel Members are: Judges Darden, Robb and Bradford. [Where: North Central High School, Indianapolis]

This Wednesday, Jan. 15th:

10:00 AM - JP Morgan Chase Bank, N.A., vs. Desert Palace, Inc. and Opbiz - This case raises the issue of whether Desert Palace, Inc. and Opbiz, LLC (together the Casinos) have sufficient minimum contacts with Indiana to subject the Casinos to Indiana's personal jurisdiction. If so, the question becomes whether Indiana is an inconvenient forum for JP Morgan Chase Bank's (Chase) action against the Casinos. The Scheduled Panel Members are: Judges Kirsch, Robb and Vaidik.. [Where: Krannert Center for Executive Education, Purdue University]

Posted by Marcia Oddi on January 14, 2008 06:24 AM
Posted to Upcoming Oral Arguments