Monday, June 29, 2009
Ind. Decisions - Upcoming oral arguments this week and next [Updated]
This week's oral arguments before the Supreme Court (week of 6/29/09):
Thursday, July 2nd
- 9:00 AM - In the Matter Of N.E.; N.L v. Ind. Dep't of Child Services - The Marion Superior Court found N.E. to be a child in need of services and imposed a disposition affecting both parents. When father, N.L., appealed, the Court of Appeals reversed and remanded, concluding that although the child was in need of services with respect to the mother, the juvenile court had not determined whether the father is willing and able to parent the child appropriately. In re N.E., 903 N.E.2d 80 (Ind. Ct. App. May 19, 2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. Here is the ILB summary of the 2-1 COA opinion.
Next week's oral arguments before the Supreme Court (week of 7/6/09):
- None currently scheduled.
ALL Supreme Court oral arguments are videocast and accessible here, unless otherwise noted.
This week's oral arguments before the Court of Appeals (week of 6/29/09):
Tuesday, June 30th
- 10:00 AM - Peter and Lori Cook vs. Ford Motor Company - Peter and Lori Cook, parents of Lindsey Cook, brought this products liability lawsuit against Ford Motor Company alleging that Lindsey was injured in part as a result of defective instructions, warnings, and design of the front passenger seat airbag and airbag deactivation switch in their Ford vehicle. A jury trial resulted in a mistrial. Ford thereafter filed a motion for summary judgment with respect to the Cooks' defective warning claim that was granted by the trial court. Ford's subsequent motion for summary judgment regarding the Cooks' claims about defects in the airbag inflation system was also granted. The Cooks appeal the trial court's grant of summary judgment to Ford. The Scheduled Panel Members are: Judges Robb, Crone and Brown. [Where: Indiana Court of Appeals Courtroom - WEBCAST]
Next week's oral arguments before the Court of Appeals (week of 7/6/09):
Wednesday, July 8th
- 10:00 AM - Tamatha M. Nealy, et al vs. Shadawn Quinn, et al - The Nealys were injured in an automobile accident. Before trial their insurer paid about $17,000 for the Nealys' medical expenses. A jury awarded about $100,000 for the Nealys' injuries, then the trial court reduced that award by the amount that had already been paid for medical expenses. The Nealys assert that is error because their policy did not provide for such a set-off and the pretrial medical payments were not an "advanced payment" of their uninsured motorist benefits. The insurer argues the Nealys are seeking an improper double recovery. The Scheduled Panel Members are: Chief Judge Baker, Judge May and Barnes. [Where: Indiana Court of Appeals Courtroom - WEBCAST]
NOTE: For a printable version of this list of upcoming oral arguments, click on the date in the next line. Then select "Print" from your browser.
Posted by Marcia Oddi on June 29, 2009 08:24 AM
Posted to Upcoming Oral Arguments