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Monday, February 25, 2008

Ind. Decisions - Upcoming oral arguments this week

This week's oral arguments before the Supreme Court:

This Wednesday, Feb. 27th:

9:00 AM - Ronald Mayes v. Second Injury Fund - The Worker's Compensation Board denied Mayes disability benefits from the Second Injury Fund after concluding that Mayes's settlement of his claim against third-party tortfeasors precluded such benefits. The Court of Appeals affirmed. Mayes v. Second Injury Fund, 873 N.E.2d 136 (Ind. Ct. App. Sept. 11, 2007). [See ILB summary here, 2nd case.] Mayes has petitioned the Supreme Court to accept jurisdiction over the appeal. Attorney for Mayes; Randall Klezmerof Indianapolis, IN. Attorneys for Second Injury Fund; Steve Carter and Frances Barrow both of Indianapolis, IN.

9:45 AM - Technisand, Inc. v. Melton - After Patty Melton died of leukemia, her husband, as personal representative of her estate, filed a complaint against Technisand, among others, alleging that exposure to chemicals manufactured and sold by Technisand caused or contributed to Patty's death. Technisand raised a statute of limitations defense and moved for summary judgment. The trial court denied the motion and the Court of Appeals affirmed, holding that although the statute of limitations had run with respect to a wrongful death claim against Technisand, the claim was timely filed against Technisand with respect to the Products Liability Act. Technisand, Inc. v. Melton, No. 30A01-0608-CV-334. (Ind. Ct. App. July 11, 2007) (mem. not for publ.), not for publication, vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Attorney Technisand, Inc.; Raymond Faustof Indianapolis, IN. Attorney for Melton; Michael Sobierayof Carmel, IN.

10:30 AM - Darrel Maymon v. State - After being convicted of four counts of burglary in a single trial, Maymon petitioned for post-conviction relief asserting that trial counsel had rendered ineffective assistance by not seeking severance of the charges. The Madison Superior Court denied relief, but the Court of Appeals reversed in Mayman v. State, 875 N.E.2d 375 (Ind. Ct. App. July 24, 2007), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Attorney for Maymon; James Acklin of Indianapolis, IN. Atttorney for the State; Cynthia Ploughe of Indianapolis, IN.

This Thursday, Feb. 28th:

9:00 AM - Norman Carlson v. John Sweeney - The LaPorte Circuit Court granted defendants, a law firm, summary judgment on a legal malpractice claim filed by beneficiaries of a trust that, according to the beneficiaries, was negligently drafted and subjected trust property to federal estate tax. The Court of Appeals reversed. Carlson v. Sweeney, Dabagia, Donoghue, Thorne, Janes & Pagos, 868 N.E.2d 4 (Ind. Ct. App. June 7, 2007), vacated. [See ILB summaries here and here.] The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Attorneys for Carlson, et al.: Scott A. Weathers, Indianapolis, IN. Attorneys for Sweeney, Dabagia, Donoghue, Thorne, Janes & Pagos: Robert G. Devetski, South Bend, 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 Tuesday, Feb. 2th

3:00 PM - H. D., et al, vs. BHC Meadows Hospital, Inc., et al - Whether the trial court correctly dismissed the state court action without prejudice for lack of subject matter jurisdiction, finding the claims to be grounded in medical malpractice and covered by the medical malpractice act. The Scheduled Panel Members are: Judges Riley, Kirsch and May. [Where: Wabash College, Crawfordsville, Indiana]
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Note: The ILB has noted some discrepancies in this week's and last week's Court of Appeals calendars. The ILB accesses and reports on the upcoming week's calendar as it has been posted by the COA early Monday morning of each week.

Posted by Marcia Oddi on February 25, 2008 06:38 AM
Posted to Upcoming Oral Arguments