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Tuesday, July 08, 2008

Ind. Decisions - Addendum to: Upcoming oral arguments this week

Yesterday the ILB wrote:

Either there are no oral arguments this week, or there is a technical glitch, or someone has fallen down on the job. This morning neither the official Supreme Court oral argument calendar for July, nor the Court of Appeal calendar, show any oral arguments scheduled for this month.
Likely it was the third option, because the Court of Appeals calendar has now been updated with at least some of the cases to be heard in July.

Because of the calendar glitch, we've already missed one appeal, Dutchmen Manufacturing, Inc. v. Chad Reynolds (Appellant-Defendant Dutchmen Manufacturing appeals the $30 Million jury verdict that Appellee Plaintiff Chad Reynolds received as a result of injuries sustained while working near some scaffolding that Dutchmen personnel had installed), which was argued July 1st.

And the two arguments before the Court of Appeals this week are today:

This Tuesday, July 8th:

10:00 AM - Joel Silverman, et al vs. Miguel Villegas, et al - This case follows Villegas v. Silverman, 832 N.E.2d 598 (Ind. Ct. App. 2005). The Bureau of Motor Vehicles' ("BMV") identification requirements were challenged by illegal aliens. After this court held that the BMV had to comply with rulemaking procedures to adopt identification requirements and remanded to the trial court, the BMV properly promulgated identification rules. The trial court on remand granted summary judgment to the plaintiffs because the previously-challenged identification requirements were void. The trial court then granted the plaintiffs' motion for attorney fees in excess of $100,000 upon finding that they were "prevailing parties" for the purpose of 42 U.S.C. ยง 1988. Joel Silverman, in his official capacity as Commissioner of the BMV, appeals the trial court's award of attorney fees. The Scheduled Panel Members are: Chief Judge Baker, Judges Riley and Judge Robb. [Where: Indiana Court of Appeals Courtroom] [For background, see this ILB entry from Sept. 10, 2005.]

1:00 PM - Kevin D. Burke vs. Duke Bennett - Kevin Burke appeals the trial court's order denying his petition contesting the election of Duke Bennett for mayor of Terre Haute. Burke argues that Bennett was ineligible under Indiana's election contest statutes and requests this court to declare him elected pursuant to Ind. Code 3-12-8-17. The Scheduled Panel Members are: Judges Najam, Darden and Brown. [Where: Indiana Supreme Court Courtroom]

The Burke argument will be webcast and will be available here.

Posted by Marcia Oddi on July 8, 2008 06:17 AM
Posted to Upcoming Oral Arguments