Monday, September 14, 2009
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 9/14/09):
Tuesday, September 15th
- 9:00 AM - Indianapolis Marion County Pub. Library v. Charlier Clark & Linard, P.C. - When the Library brought negligence claims against engineering subcontractors involved in the construction of a new parking garage, the Boone Circuit Court entered an order granting the subcontractors summary judgment, concluding that such claims were precluded by the “economic loss” doctrine. The Court of Appeals affirmed. Indianapolis-Marion County Public Library v. Charlier Clark & Linard, P.C., 900 N.E.2d 801 (Ind. Ct. App. 2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. [For background, start with this July 25th ILB entry.]
- 9:45 AM - Gloria A. Murray v. City of Lawrenceburg - Plaintiffs, who are various persons claiming an interest in a small parcel of land underneath the docking site of a riverboat casino, filed a six-count complaint against the owner of the casino, the City of Lawrenceburg, and the Lawrenceburg Conservancy District. The trial court denied Defendants’ motion for judgment on the pleadings, and also denied Plaintiffs’ demand for jury trial. On interlocutory appeal, the Court of Appeals affirmed the denial of Defendants’ motion for judgment on the pleadings, held that Plaintiffs were entitled to jury trial on some of their six counts, and remanded with instructions to resolve the timeliness of Plaintiffs’ claims. Murray v. City of Lawrenceburg, 903 N.E.2d 93 (Ind. Ct. App. 3/19/2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. [Note: Here is the ILB summary of the 2-1 COA opinion.]
Next week's oral arguments before the Supreme Court (week of 9/21/09):
- 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 9/14/09):
- None currently scheduled.
Next week's oral arguments before the Court of Appeals (week of 9/21/09):
Wednesday, September 23rd
- 5:00 PM - Thomas v. FSSA - Thomas and Dausman have brought this action for declaratory judgment and injunctive relief, asking that the state mental health institution where they are both held be ordered to place each man in the least restrictive environment appropriate for his continued care and rehabilitation under Indiana statute, claiming that the institution's failure to do so constitutes a violation of each man's rights under Indiana law and the United States Constitution. The State has responded that this action is not ripe for review because less-restrictive placement has not yet been recommended by state mental health authorities and that the state institution is the least restrictive placement option that offers competency restoration services, that the issuance of a declaratory judgment or injunction is impermissible under the separation of powers doctrine contained in the Indiana Constitution and that the State's actions regarding Thomas and Dausman comply with both Indiana law and the United States Constitution. The Marion Superior Court agreed with the State's position and entered summary judgment for the State and against Thomas and Dausman. The Scheduled Panel Members are: Judges Kirsch, Mathias and Riley.
[Where: Wynne Courtroom at IU-Indy Law - WEBCAST (not sure)]
[Note: The ILB hopes to obtain the briefs in this case. Update: They are now posted here.]
The past COA webcasts which have been webcast are accessible here, via the calendars
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 September 14, 2009 06:43 AM
Posted to Upcoming Oral Arguments