Monday, November 03, 2008
Ind. Decisions - Upcoming oral arguments this week
This week's oral arguments before the Supreme Court:
This Thursday, Nov. 6th:
9:00 AM - Keith Myers v. Wesley C. Leedy - Following a bench trial on a tenant's complaint for damages against a land sale vendor, after forfeiture of the vendee-landlord's interest, the trial court entered judgment in favor of the tenant. The Court of Appeals reversed in an unpublished decision, holding that the tenant's interest in the property did not survive the forfeiture of his landlord's interest. Myers v. Leedy, No. 85A02-0711-CV-999 (Ind. Ct. App. 4/30/2008), vacated. [See ILB summary here - 3rd NFP opinion.] The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
Attorney for Myers: T. Andrew Perkins, Rochester, IN. Attorney for Leedy: Jeffry G. Price, Peru, IN.
9:45 AM - Brandon Stanley v. Danny Walker - Following a trial, the Johnson Superior Court entered a judgment for plaintiff Walker in this personal injury case. The Court of Appeals affirmed and held that the trial court correctly applied the Collateral Source Statute to preclude the defendant Stanley from introducing evidence that the amount of the plaintiff's original medical bills had been reduce by "write-offs" negotiated between the plaintiff's health insurance company and medical service providers. Stanley v. Walker, 888 N.E.2d 222 (Ind. Ct. App. 6/3/2008), vacated. [See ILB summary here.] The Supreme Court has granted a petition to transfer and has assumed jurisdiction over the appeal.
Attorneys for Stanley: Mark A. Holloway and Bradley D. Pippin, Indianapolis, IN. Attorneys for Walker: David W. Stone, IV, Anderson, IN. Michael Phelps, Bloomington, IN. Attorneys for Amicus Curiae Defense Trial Counsel of Indiana: Donald B. Kite, Sr. and Kelly R. Eskew, Indianapolis, IN. James D. Johnson, Evansville, IN. Attorneys for Amicus Curiae Ins. Institute of Indiana, Inc.: Bryan H. Babb and Kelly Scanlan, Indianapolis, IN. Attorney for Amicus Curiae Indiana Trial Lawyers Association: Mark A. Scott, Kokomo, IN.
10:30 AM - R.J.G. v. State of Indiana - The Porter Circuit Court, Juvenile Division, adjudicated R.J.G. a delinquent and entered a dispositional order committing R.J.G. to the Department of Correction ("DOC") and placing him on probation upon his release from the DOC. R.J.G. appealed, arguing the court could not enter a single dispositional order that both commitment him to the DOC and placed him on probation upon his release. The Court of Appeals affirmed. R.J.G. v. State, 888 N.E.2d 213 (Ind. Ct. App. 5/29/2008), 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.
Attorney for R.J.G.: T. Edward Page, Merrillville, IN. Attorney for State: Ellen H. Meilaender, Indianapolis, IN.
Webcasts will be available here.
This week's oral arguments before the Court of Appeals that will be webcast:
This Wednesday, Nov. 5th:
2:00 PM - Karen Long & Clifford Thorson vs. Biomet, Inc., et al - On September 21, 2006, the plaintiff shareholders brought a derivative action against the former directors and board members of Biomet, Inc., alleging their improper backdating of stock options from 1996 - 2000. They appeal the dismissal of their action subsequent to the sale Biomet, Inc. on September 25, 2007. The Scheduled Panel Members are: Judges Friedlander, Darden and Barnes. [Where: Indiana Supreme Court Courtroom]
This week's oral arguments before the Court of Appeals that will NOT be webcast:
This Tuesday, Nov. 4th:
12:00 PM - Mercho-Roushdi-Shoemaker-Dilley-Thoraco-Vascular Corporation vs. Dr. James W. Blatchford, III & Dr. Eve Cieutat - Mercho-Roushdi-Shoemaker-Dilley Thoraco-Vascular Corporation (MRSD) hired Dr. James Blatchford III (Blatchford) and Dr. Eve Cieutat (Cieutat) to provide surgical services. Blatchford and Cieutat signed agreements that contained covenants not to compete with MRSD. The relationship between the parties deteriorated, and Blatchford and Cieutat began practicing in competition with MRSD. Blatchford and Cieutat filed a lawsuit against MRSD, and MRSD filed a counterclaim, alleging that Blatchford and Cieutat were practicing in violation of the covenants not to compete. The trial court granted summary judgment in favor of Blatchford and Cieutat on MRSD's counterclaim, concluding that the covenant not to compete was unreasonably restrictive and therefore unenforceable. MRSD now appeals the trial court's decision. The Scheduled Panel Members are: Judges Riley, Bailey and Bradford. [Where: Scottish Rite Cathedral, 650 North Meridian Street, Indianapolis, Indiana] Note: I double-checked the date.
This Thursday, Nov. 6th:
10:30 PM - Brandon Philson vs. State of Indiana - This case deals with Indiana Code 31-30-1-4, which vests automatic jurisdiction over juveniles at least sixteen years old in adult court for certain offenses, including rape and any offense that is based on the same conduct or on a series of acts connected together or constituting parts of a single scheme or plan under Indiana Code 35-34-1-9(a)(2). Here, Brandon Philson was charged with rape, and charges of child molesting (which were not listed in Indiana Code 31-30-1-4) were joined with it. Philson was then acquitted of rape but convicted of one of the joined charges. The question is whether the adult court retains jurisdiction or whether jurisdiction vests in the juvenile court. This appears to be a question of first impression in our state. The Scheduled Panel Members are: Judges Kirsch, Vaidik and Crone. [Where: Indiana Court of Appeals Courtroom]
Posted by Marcia Oddi on November 3, 2008 06:02 AM
Posted to Upcoming Oral Arguments