Monday, October 26, 2009
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 10/26/09):
Thursday, October 29th
- 9:00 AM - Everett Cash Mutual Insurance Co. v. Rick Taylor, et al. - The Taylors filed an action against their insurance company, alleging breach of contract and estoppel, after the insurance company denied coverage with respect to a claim made against the Taylors by a third party under a provision of the Workers Compensation Act. The trial court denied the insurance company's motion for summary judgment, but the Court of Appeals reversed, holding that a contractual exclusion applied and the insurance company was not estopped from denying coverage. Everett Cash Mut. Ins. Co. v. Taylor, 904 N.E.2d 276 (Ind. Ct. App. 4/8/2009), 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 COA 2-1 opinion - 2nd case.]
- 9:45 AM - Foundations of East Chicago v. City of East Chicago and the Attorney General of Indiana - The Foundations, the successor to two non-profit entities that were recipients of funding under a local development agreement, brought suit after the City redirected to itself certain riverboat casino revenues that had been directed to the Foundations. The trial court entered final judgment in favor of the City, and the Court of Appeals affirmed. Foundations of East Chicago v. City of East Chicago, 905 N.E.2d 30 (Ind. Ct. App. 4/28/2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
[Note 1: Here is the ILB summary of the COA 2-1 ruling, with 3 separate opinions. The ILB began its entry "Well, it could have been a pretty spectacular ruling, coming on the next to last day of the session, and addressing the issue of the constitutionality of non-related legislation inserted into the budget bill. But it was not to be."]
[Note 2: Filings for this case are now available here.]
- 10:30 AM - Belterra Resort In., LLC v. Indiana Department of Revenue - The Department of State Revenue proposed a use tax assessment on Belterra's acquisition of a riverboat from its parent corporation, which had not paid state sales tax on its original acquisition of the riverboat in Alabama. On Belterra's appeal, the Tax Court held that Belterra's acquisition of the riverboat was not subject to Indiana's use tax. Belterra Resort Indiana, LLC v. Indiana Dep't of State Revenue, 900 N.E.2d 513 (Ind. Tax Ct. 2/5/2009). The Department has petitioned the Supreme Court for review.
[Note: Here is the ILB summary of the Tax Court opinion.]
Next week's oral arguments before the Supreme Court (week of 11/2/09):
- Note: The Supreme Court's calendar for the entire month of November is currently blank.
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 10/26/09):
Tuesday, October 27th
- 1:00 PM - William E. Riley vs. State of Indiana - William Riley was convicted of and sentenced to sixty years for dealing in a look-a-like substance, a Class D felony, two counts of dealing in cocaine, both Class A felonies, possession of cocaine, a Class D felony, and found to be an habitual offender. Riley's convictions and sentence were affirmed on direct appeal. He now appeals the denial of his petition for post-conviction relief that alleged his trial counsel was ineffective for failing to offer into evidence a taped conversation to discredit the confidential informant's testimony. The Scheduled Panel Members are: Judges Riley, Robb and Mathias. [Where: Benton Central Jr.-Sr. High School, 4241 East 300 South, Oxford, Indiana]
Wednesday, October 28th
- 2:00 PM - Cheryl Weird v. Eric Emberton - Cheryl and Thomas Weird filed an action for personal injuries and loss of consortium in Clark Circuit Court, Indiana. The parties eventually settled, resulting in an award to the Weirds. The Weirds' counsel filed a motion to interplead the settlement funds in the amount of $74,575.08 due to the Weirds' failure to reach an agreement regarding the distribution of the funds. In December of 2005, the Jefferson Circuit Court of Kentucky entered a judgment in favor of Eric Emberton and against Thomas Weird in the amount of $100,000.00. On May 18, 2006, Emberton filed a copy of his Kentucky judgment with the Clark Circuit Court and sought to have the interpleaded funds released to him. In June of 2006, the Jefferson Circuit Court of Kentucky dissolved the Weirds' marriage and awarded Cheryl Weird the entirety of the settlement award. Upon Cheryl Weird's motion for summary judgment and Emberton's cross-motion for summary judgment, the Clark Circuit Court awarded the remaining interpleaded funds to Emberton. Cheryl Weird now appeals. The Scheduled Panel Members are: Judges Darden, Robb and Mathias. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Thursday, October 29th
- 11:00 AM - P.R. Mallory & Company, Inc., et al, vs. American Casualty Company - P.R. Mallory & Company, Inc., including Radio Materials Corporation, Kraft Foods Global, Inc., formerly known as Kraft Foods North America, Kraft Foods, Inc., Kraft General Foods, Inc., and Dart & Kraft Inc. (the "Plaintiffs") filed a complaint against American Casualty Company of Reading, PA, ("ACC") and Continental Casualty Company ("CCC") and Doe Insurance Companies 1-10, which requested a declaratory judgment indicating that ACC and CCC were obligated to pay costs and expenses related to environmental pollution. The complaint also alleged a breach of contract or anticipatory breach of contract. The trial court granted summary judgment to ACC and CCC because the Plaintiffs provided late notice to ACC and CCC. On appeal, the Plaintiffs raise four issues, which we consolidate and restate as whether the trial court erred by granting ACC and CCC's motion for summary judgment. ACC and CCC argue that Mallory's appeal is untimely and should be dismissed. The Scheduled Panel Members are: Judges Najam, Bailey and Brown. [Where: Vincennes University, 1002 N. 1st Street, Vincennes, Indiana]
Friday, October 30th
- 10:00 AM - Pablo Madrigal vs. State of Indiana. Pablo Madrigal pled guilty to possession of cocaine and was sentenced to twenty years with fifteen years suspended and two years to be served on probation. The executed portion of his sentence was to be served on home detention. The State thereafter filed a petition to revoke probation and placement alleging Madrigal had been found in possession of a handgun. Madrigal admitted the violation and the trial court revoked Madrigal's home detention placement and ordered him to serve his twenty-year sentence. Madrigal appeals, arguing that the trial court abused its discretion in revoking his placement and imposing the entirety of his previously-suspended sentence. The Scheduled Panel Members are: Judges Robb, Vaidik and Mathias. [Where: Valparaiso High School, 2727 Campbell Street, Valparaiso, Indiana ]
Next Tuesday, November 3rd
- 1:30 PM - Bradley J. Love vs. Robert Rehfus and Sugar Creek Township - In the case before us, Bradley Love, a former employee of the Sugar Creek Fire Department, claims that he was fired by Fire Chief Robert Rehfus for exercising his First Amendment Rights by commenting via email on the 2006 trustee election. He maintains that the trial court erred by summarily dismissing his Complaint because: (1) his email did not contain recklessly false statement and thus should have been afforded protection under the First Amendment of the United States Constitution; and (2) Love failed to establish municipal liability in the Sugar Creek Township because the termination decision was not made by a "municipal policy-maker" pursuant to Pembaur v. City of Cincinnati, 475 U.S. 469 (1986) and its progeny. Love now requests us to review both of the trial court's alleged errors. The Scheduled Panel Members are: Chief Judge Baker, Judges Friedlander and Riley. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Posted by Marcia Oddi on October 26, 2009 08:24 AM
Posted to Upcoming Oral Arguments