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Monday, December 15, 2008

Ind. Decisions - Upcoming oral arguments this week

This week's oral arguments before the Supreme Court:

This Thursday, Dec. 18th:

1:30 PM - Maggie Bush v. State Farm Mut. Auto. Ins. Co. - The St. Joseph Circuit Court entered summary judgment in favor State Farm after ruling that its automobile insurance policy with Bush and her husband does not provide them uninsured motorist benefits after their adult son, who was not insured under the policy, was killed by a negligent uninsured motorist. The Court of Appeals reversed, concluding that State Farm's policy is inconsistent with the uninsured motorist statute. Bush v. State Farm. Mut. Auto. Ins. Co., 882 N.E.2d 821 (Ind. Ct. App. 3/20/2008), vacated. (See the ILB summary from March 20th - 13th case) The Supreme Court has granted a petition to transfer and assumed jurisdiction over the appeal. Attorney for Appellants: Edmond W. Foley , South Bend, IN. Attorneys for Appellee: Michael P. Blaize , Crown Point, IN. Karl L. Mulvaney and Nana Quay-Smith, Indianapolis, IN. For Amici Curiae, Insurance Institute of Indiana, Inc., and National Association of Mutual Insurance Companies: John C. Trimble and Richard K. Shoultz, Indianapolis, IN .

2:15 PM - Byron Breaston v. State of Indiana - A jury determined Breaston to be an habitual offender. The Elkhart Superior Court imposed an habitual offender enhancement to be served consecutively to an unrelated prior sentence which also included an habitual offender enhancement. The Court of Appeals affirmed in Breaston v. State, 893N.E.2d 6 (Ind. Ct. App. 8/272008), vacated. (Here is the ILB summary of the Aug. 27th COA opinion - 4th case.) The Supreme Court has granted a petition to transfer the case, and has assumed jurisdiction over the appeal. Attorney for Appellant: , Joseph M. Cleary, Indianapolis, IN. Attorney for State: Ian McLean, Indianapolis, IN.

Webcasts will be available here.


This week's oral arguments before the Court of Appeals that will be webcast:

This Tuesday, Dec. 16th:

10:00 AM - Lyn Leone, et al vs. Commissioner of the Bureau of Motor Vehicles - Appellants-Plaintiffs appeal the trial court's Findings of Fact, Conclusions of Law and Order denying their Motion for Preliminary Injunction. The Appellants-Plaintiffs contend that the Commissioner of the Bureau of Motor Vehicles has violated Indiana Law by relying upon the Social Security Administration's records to revoke their driver licenses or state issued identification cards. They contend that state law only requires them to provide their "legal name" in order to obtain a driver license or state identification card, but now the Bureau of Motor Vehicles is rejecting their valid driver licenses and state identification cards based upon conflicting records from the Social Security Administration. The Scheduled Panel Members are Judges Riley, Bailey and Bradford.[Where: Indiana Supreme Court Courtroom]

11:00 AM - Savannah Linley Ann Nelson Ramirez, An Individual Under The Child Wrongful Death Act By Her Father, Stephen Ramirez vs. James A. Wilson and Suzy-Q Trucking, LLC. - Appellant-Plaintiff appeals the trial court's order granting partial summary judgment in favor of Appellees'Defendants' for the alleged wrongful death of S.L.A.N.R. Specifically, the Appellant raises the issues:

1. Whether the trial court erred in holding that I.C. 34-23-21 excludes as an "individual" a fully viable and developed, capable of independent life outside the womb, yet unborn child, is recoverable under the wrongful death statute;

2. Whether the trial erred in not holding that a fully viable and developed, capable of independent life outside the womb, yet unborn child receive inconsistent and disparate treatment under Indiana Civil and Criminal Law in violation of the Indiana Constitution; and

3. Whether the trial court erred in not holding that the fathers of fully viable and developed, capable of independent life outside the womb, yet unborn child are treated differently than mothers in civil negligence actions contrary to Article 1, Sections 12 and 23 of the Indiana Constitution.

The Scheduled Panel Members are Judges Riley, Bailey and Bradford. [Where: Indiana Supreme Court Courtroom]

This week's oral arguments before the Court of Appeals that will NOT be webcast:

This Tuesday, Dec. 16th:

1:30 PM - Lew Wood, individually and as Legal Guardian of M.W., vs. Leigh Walden and Sherry Shively - Appeal involves substantial arguments involving a portion of the Indiana Punitive Damage Statute under the Privileges and Immunities, Open Courts and Special Legislation clauses of the Indiana Constitution. The Scheduled Panel Members are: Chief Judge Baker, Judges Najam and Kirsch. [Where: Indiana Court of Appeals Courtroom]

Posted by Marcia Oddi on December 15, 2008 06:20 AM
Posted to Upcoming Oral Arguments