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Monday, January 19, 2009

Ind. Decisions - Upcoming oral arguments this week

This week's oral arguments before the Supreme Court:

None scheduled.

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

This Tuesday, Jan.. 20th:

10:00 AM - Babe's Showclub, Jaba, Inc., and James B. Altman vs. Patrick and Lisa Lair - Appellants Babe's Showclub, Jaba, Inc., and James B. Altman appeal from the trial court's denial of their motion to dismiss the complaint for damages filed by appellees Patrick Lair and Lisa Lair. According to the complaint, Patrick, a police officer, responded to a complaint at Babe's Showclub and was assaulted by an underage male who had been consuming alcohol on the premises. The Lairs' complaint alleges that the appellants maintained a nuisance, failed to provide adequate security, and violated Indiana's dram shop laws and laws prohibiting the sale of alcohol to minors. The appellants filed a motion to dismiss the Lairs' complaint on the basis that Indiana's "fireman's rule" bars recovery for their claims. The trial court denied the motion and certified its order for interlocutory appeal. The Scheduled Panel Members are; Judges Robb, Crone and Brown. [Where: Indiana Court of Appeals Courtroom]

11:30 AM - Home Bank vs.US Bank National Association, assignee of Franchise Mortgage Acceptance Company - This is an appeal of a foreclosure action involving two adjacent parcels of land and an easement granting two separate rights-of-way and the right to place a sign on one of the parcels. The parties dispute, among other things, whether the U.S. Bank mortgage was properly executed and thus entitled to be recorded, and whether Home Bank received actual and/or constructive notice of the U.S. Bank mortgage prior to recording its easement. Both parties appeal the trial court's denial of their summary judgment motions. Home Bank appeals the trial court's granting of U.S. Bank's motion to dismiss without prejudice. The Court of Appeals has requested that the parties present oral argument solely on the issue of whether the order of dismissal without prejudice is a "final judgment" and thus appealable pursuant to Indiana Trial Rule 5(A). The Scheduled Panel Members are: Judges Robb, Crone and Brown. [Where: Indiana Court of Appeals Courtroom]

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

None scheduled.
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* ILB note: As of now, the 2009 COA webcasts, both live and archived, may be accessed here.

Posted by Marcia Oddi on January 19, 2009 08:05 AM
Posted to Upcoming Oral Arguments