Tuesday, November 03, 2009
Ind. Decisions - More on: Upcoming oral arguments this week and nextThe ILB's weekly "Upcoming Oral Arguments" entry, both this week and last, indicated that NO oral arguments had been posted by our Supreme Court for the month of November.
The ILB has just received, from the Court's press office, a list of the arguments set for the November sitting of the Court. Here are those set for next week, Thursday, Nov. 12 (these also will be included on next Monday's ILB list):
- 9:00 a.m. - Caesars Riverboat Casino. LLC v. Genevieve Kephart (31S01-0909-CV -303)
Caesars filed an action against Kephart seeking repayment of a gambling debt, treble damages, and attorney fees. Kephart counterclaimed, alleging Caesars unjustly enriched itself by taking advantage of her pathological gambling addiction. The trial court denied Caesars' motion to dismiss Kephart's counterclaim. On interlocutory appeal, a divided panel of the Court of Appeals reversed, holding Kephart did not have a private cause of action against Caesars under these circumstances. Caesars Riverboat Casino, LLC v. Kephart, 903 N.E.2d 117 (Ind. Ct. App. 2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
- 9:45 a.m. - TRW Vehicle Safetv Systems, Inc. v. Sally J. Moore (73S05-0909-CV -404)
The Estate of Daniel Moore filed a product liability negligence complaint against Ford Motor Company ("Ford") and TRW Vehicle Safety Systems, Inc. ("TRW"). The jury returned a verdict apportioning fault among Daniel Moore, Ford, TRW, and a nonparty, Goodyear, resulting in damage judgments against Ford and TRW. A majority of the Court of Appeals reversed the jury verdict based on the sufficiency of the evidence. Ford Motor Co. v. Moore, 905 N.E.2d 418 (Ind. Ct. App. 2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
- 10:30 a.m. - Indiana Patient's Compensation Fnnd v. Gary Patrick (49S02-0909-CV -402)
The Marion Circuit Court entered a judgment allowing Patrick, the father of a patient who died as a result of medical malpractice, to collect from the Fund for damages under the Adult Wrongful Death Statute and for damages attributable to Patrick's own claim for negligent infliction of emotional distress under the "bystander rule." The Court of Appeals affirmed. Indiana Patient's Compensation Fund v. Patrick, 906 N.E.2d 194 (Ind. ct. App. 2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
Posted by Marcia Oddi on November 3, 2009 10:12 AM
Posted to Upcoming Oral Arguments