Monday, November 09, 2009
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 11/9/09):
Thursday, November 12th
- 9:00 AM - 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. 3/20/2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
[See this ILB entry from Nov. 8th for much more information, and links including a long list of earlier ILB entries, and the March 20 ILB summary of the Court of Appeals decision.]
- 9:45 AM - 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. 3/13/2009), vacated. The Supreme Court has granted a petition to transfer the case and
has assumed jurisdiction over the appeal. [ILB summary here - 5th case]
- 10:30 AM - 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. 3/18/2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal. [ILB summary here - 3rd case]
Next week's oral arguments before the Supreme Court (week of 11/16/09):
Tuesday, November 17th
- 9:00 AM - Gabino Gonzalez v. State of Indiana (82S01-0909-CR-408) Gonzalez was intoxicated when the truck he was driving struck a school bus. He wrote a letter to the school corporation admitting he had consumed alcohol and apologizing for the accident. The letter was admitted at trial over Gonzalez's objection, and a Vanderburgh Superior Court jury found him guilty of criminal mischief and operating a vehicle while intoxicated. The Court of Appeals reversed, finding the letter was part of the pre-trial plea negotiations and its admission was reversible error. Gonzalez v. State, N.E.2d (Ind. Ct. App. 3/20/2009), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
- 9:45 AM - Chawknee Caruthers v. State of Indiana (46S05-0910-CR-431) Caruthers was convicted of murder after a jury trial in the LaPorte Superior Court. The Court of
Appeals reversed the conviction because the trial court had not investigated the possible
prejudicial impact that certain threats against the jury may have had on the jury's deliberations.
Caruthers v. State, N.E.2d (Ind. Ct. App. 7/15/2009), vacated. The Supreme Court has granted a
petition to transfer the case and has assumed jurisdiction over the appeal. [ILB summary here - 2nd case]
[See also July 16th ILB entry headed "The 2008 murder conviction of Chawknee Caruthers, who was given a 100-year prison sentence, was reversed Thursday."
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 11/9/09):
Monday, November 9th
- 12:30 PM (CST) - Steven Barnard v. Metro Security Forces, Inc., et al - Steven Barnard sued Metro Security Forces, Inc. ("Metro") for personal injuries he allegedly sustained when he was pushed by a man wearing an "Usher" tag at a concert. The trial court granted summary judgment to Metro, finding that the designated evidence showed that Metro provided only uniformed guard services at the venue and therefore there was no genuine issue of material fact regarding Metro's liability because the man wearing the "Usher" tag was not a Metro employee. Barnard appeals the trial court's grant of summary judgment. The Scheduled Panel Members are: Judges Robb, Mathias and Bradford. [Where: Michigan City High School, 8466 Pahs Road, Michigan City, Indiana]
Thursday, November 12th
- 2:30 PM - Michael Greer and John Maggi v. Edwin G. Buss, Commissioner of the Indiana Department of Corrections, et al. - Michael Greer and John Maggi filed a proposed class action seeking declaratory and injunctive relief with respect to the Indiana Department of Correction (DOC) policy that individuals convicted of certain sex or violent offenses which required registration for a ten-year period must register for an additional ten-year period upon a subsequent conviction for any criminal offense. According to DOC, such additional registration was required by statute. Greer and Maggi appeal the trial court order that both dismissed their proposed class action and granted summary judgment to DOC thereon. The Scheduled Panel Members are:Judges Darden, Robb and Mathias. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Next Tuesday, November 17th
- 10:30 AM - Anna Williams, et al v. Jayme M. Adelsperger, D.D.S. - The Williamses commenced an action in December 2004 against Dr. Adelsperger alleging malpractice through August 2002. The trial court granted summary judgment for the doctor on the ground the limitations period had run. The Williamses argue the statute of limitations, which requires an action be brought within two years of the alleged malpractice, should not be applied to them because even though they suspected malpractice as early as 2003, the doctor actively denied the plaintiff's symptoms were related to her treatment. The Scheduled Panel Members are: Judges Bailey, May and Vaidik. [Where: Saint Mary-of-the-Woods College, Saint Mary-of-the-Woods, Indiana]
ONLY those Court of Appeals oral arguments presented in the Supreme or Court of Appeals Courtrooms will be accessible via videocast.
The past COA webcasts which have been webcast are accessible here.
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 November 9, 2009 08:29 AM
Posted to Upcoming Oral Arguments