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Monday, February 18, 2008

Ind. Decisions - Upcoming oral arguments this week

This week's oral arguments before the Supreme Court:

This Friday, Feb. 22nd:

9:00 AM - Indiana State University v. Review Bd. of Indiana Dep't of Workforce Dev. - After Indiana State University did not reappoint an assistant professor for the next academic year, the Review Board of the Indiana Department of Workforce Development determined the assistant professor was entitled to unemployment benefits. The Court of Appeals reversed. Indiana State Univ. v. Review Bd. of the Indiana Dep't of Workforce Dev., 868 N.E.2d 839 (Ind. Ct. App. 6/22/2007), reh'g denied, vacated. (See this 6/22/07 ILB entry - 6th case.) The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Attorneys for Indiana State Univ.; John Maley and Kristin Shedlock both of Indianapolis, IN. Attorneys for Review Board, et al.; Steve Carter, Thomas Fisher, Heather Hagan and Elizabeth Rogers all of Indianapolis, IN.

9:45 AM - Miller Brewing Co. v. Indiana Dep't of State Revenue - While this matter was before the Indiana Tax Court, Miller Brewing Company moved for summary judgment, arguing that the Department's position was barred by issue preclusion. The Tax Court denied Miller's motion for summary judgment. The Tax Court certified the interlocutory order for review by the Supreme Court, and the Supreme Court granted Miller's subsequent petition for review of the Tax Court's interlocutory order pursuant to Indiana, Appellate Rule 63(F), (now Appellate Rule 63(H)). Attorneys for Miller Brewing Co.; Stephen Paul, Jon Laramore and Brent Auberry all of Indianapolis, IN. Attorney for Indiana Dep't of State Rev.; Andrew Swain, John Snethen and Jess Reaganall of Indianapolis, IN.

Webcasts will be available here.

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

This Tuesday, Feb. 19th:

2:00 PM - Employee Benefit Managers, Inc. and Charles Belch vs. Indiana Department of Insurance - Employee Benefit Managers, Inc. of America ("EBM") manages the funding and administration of self-funded employee benefit plans for employer-clients. The Indiana Department of Insurance ("the Department") brought charges against EBM and its President, Charles Belch ("Belch") due to concerns of unfunded claims and misrepresentations to employer-clients. The parties executed an Agreed Entry on November 9, 2004 and the Department monitored compliance until it ultimately issued a Cease and Desist Order on February 17, 2006 revoking EBM's and Belch's insurance licenses. EBM sought judicial review and the Allen County Superior Court affirmed the Cease and Desist Order on February 12, 2007. EBM seeks review of the trial court's decision. The Scheduled Panel Members are: Judges Bailey, Robb and Crone. [Where: Indiana Supreme Court Courtroom]

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

None scheduled.

Posted by Marcia Oddi on February 18, 2008 10:34 AM
Posted to Upcoming Oral Arguments