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Monday, May 26, 2008

Ind. Decisions - Upcoming oral arguments this week

This week's oral arguments before the Supreme Court:

This Thursday, May 29th:

9:00 AM - Indiana Dep't of Envtl. Mgmt. v. Raybestos Products Co. - Raybestos Products Company file a complaint against the Indiana Department of Environmental Management ("IDEM") alleging IDEM breached an agreed order for the cleanup of hazardous substances. The Marion Superior Count entered partial summary judgment for Raybestos on the issue of breach of contract and later entered a judgment for Raybestos. The Court of Appeals reversed. Indiana Dep't of Envtl. Mgmt. v. Raybestos Prod. Co., 876 N.E.2d 759 (Ind. Ct. App., Nov. 15, 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 IDEM: David L. Steiner, Frances H. Barrow, Timothy J. Junk. Attorneys for Raybestos: George M. Plews, Brett E. Nelson, Indianapolis, IN.

9:45 AM - Roy Lee Ward v. State - Appellant Ward was convicted of murder and other offenses. Appellant was sentenced to death by the Spencer Circuit Court. In this mandatory direct appeal, appellant argues the convictions and sentence should be reversed. Attorneys for Ward: Steven Ripstra, Jasper, IN; Lorinda Meier Youngcourt, Huron, IN. Attorney for State: James Martin, Indianapolis, IN.

10:45 AM - Juanita Ivers v. Jeremy Hensley - The Crawford Circuit Court granted a father’s petition to modify custody of his child from the child’s maternal grandmother, who had previously been appointed the child’s guardian, to the father. The Court of Appeals reversed and remanded in an unpublished memorandum decision. In re Paternity of K.I.: J.I. v. J.H., No. 13A05-0706-JV-329 (Ind. Ct. App. Jan. 29, 2008), vacated. [See ILB summary here - 5th case.] The Supreme Court has granted a petition to transfer the case, thus vacating the decision of the Court of Appeals, and has assumed jurisdiction over the appeal. Attorney for Ivers: Nicholas Haverstock, Corydon, IN. Attorney for Hensley: Mary Beth Mock, Madison, IN. [Note: A search of the Clerk's Docket by both COA and SC case numbers returns "No records found for this search."]

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 Wednesday, May 28th:

11:45 AM - Lauth Indiana Resort & Casino, LLC v. Lost River Development - Appellant-Defendant Lauth Indiana Resort & Casino, LLC partnered with Appellee-Plaintiff Lost River Development, LLC, et al., in a joint venture to submit a proposal to the Indiana Gaming Commission for the development and operation of a casino project in Orange County. Their joint venture agreement had no explicit termination date. The Commission did not select the parties' proposal, but eventually issued another request for development proposals. Lauth then partnered with another company to submit a proposal which the Commission ultimately selected. Lost River, et al., brought suit against Lauth, claiming a breach of their joint venture agreement and violation of various duties owed to the other members of the joint venture. The trial court denied Lauth's motion for partial summary judgment, and the legal effect of their joint venture agreement is before the court. The Scheduled Panel Members are: Judges Najam, Vaidik and Mathias. [Where: Indiana Court of Appeals Courtroom]

Posted by Marcia Oddi on May 26, 2008 07:20 AM
Posted to Upcoming Oral Arguments