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Monday, September 22, 2008

Ind. Decisions - Upcoming oral arguments this week

This week's oral arguments before the Supreme Court:

This Tuesday, Sept. 23rd:

9:30 AM - Dreaded Inc. v. St. Paul Guardian Ins. Co. - Dreaded, Inc. filed a complaint against St. Paul Guardian Insurance Company to recover defense costs Dreaded incurred before notifying St. Paul of an environmental claim. The Marion Superior Court entered summary judgment for St. Paul. The Court of Appeals affirmed in part, reversed in part, and remanded. Dreaded, Inc. v. St. Paul Guardian Ins. Co., 878 N.E.2d 467 (Ind. Ct. App., 12/28/2007), vacated. (See ILB summary here - 4th case.) The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over this appeal. Attorneys for Dreaded: George M. Plews, Brett E. Nelson, Indianapolis, IN. Attorneys for Amici Curiae Nat'l Solid Wastes Mgmt. Ass'n and Indiana Petroleum Marketers and Convenience Stores Ass'n. : Charles P. Edwards, Christian P. Jones and John P. Fischer, Indianapolis, IN. Attorneys for St. Paul Guardian Ins.: Mary K. Reeder and Richard A. Rocap, Indianapolis, IN. Jeffrey C. Gerish, Kenneth C. Newa, and David A. Dworestsky, Bloomfield Hills, MI. Attorneys for Amicus Curiae Complex Ins. Claims Litigation Ass'n: Steven W. Krohne and Joseph M. Hendel, Indianapolis, IN. Attorneys for Amicus Curiae Ins. Institute of Indiana: Karl L. Mulvaney, Barry C. Cope and Barbara A. Jones, Indianapolis, IN.

10:15 AM - Jim Atterholt v. Geneva Herbst - In an action for excess damages against the Patient's Compensation Fund following healthcare providers' settlement of a wrongful death claim, the trial court entered judgment in favor of decedent's estate for $1 million. The Court of Appeals affirmed, holding that the Fund's loss-of-chance argument and proffered evidence in support were precluded by the underlying settlement. Atterholt v. Herbst, 879 N.E.2d 1221 (Ind. Ct. App., 2/4/2008), vacated. (See ILB summary here.) The Supreme Court has granted a petition to transferthe case and has assumed jurisdiction over the appeal. Attorneys for Atterholt: Elizabeth K. Knotts and Rori L. Goldman, Indianapolis, IN. Attorney for Herbst: Robert L. Thompson, Ft. Wayne, IN. and Richard L. Schulteis, Indianapolis, IN.

Webcasts will be available here.


This week's oral arguments before the Court of Appeals:

None scheduled.

Posted by Marcia Oddi on September 22, 2008 07:52 AM
Posted to Upcoming Oral Arguments