Monday, January 25, 2010
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 1/25/10):
- None scheduled.
Next week's oral arguments before the Supreme Court (week of 2/1/10):
- 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 1/25/10):
Monday, January 25th
- 2:00 PM - W.S.K., vs. M.H.S.B. (71A03-0903-CV-106) - This is an appeal from an entry of summary judgment against a physician, the appellant, who sued a medical facility after the physician's application for medical staff privileges was denied. Appellant contends there exist questions of fact on the theories of race discrimination, defamation, and breach of contract that render summary judgment inappropriate. This case also involves questions of immunity under federal and state legislation. The Scheduled Panel Members are: Judges Najam, Friedlander and Bradford. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Wednesday, January 27th
- 12:30 PM - Zimmer, Inc. vs. Todd O. Davis ( 43A05-0904-CV-195) - Zimmer, Inc., the manufacturer of orthopedic products, sought a preliminary injunction against Davis, a former employee who was terminated after working for Zimmer for more than twenty years in various management positions. Davis had executed an Employment Agreement that contained confidentiality and non-solicitation provisions in addition to an eighteen-month non-competition period upon termination. Davis began working for Biomet, Inc. during the non-competition period.
Zimmer filed this action near the end of the non-competition period seeking a preliminary injunction to enjoin Davis's continued employment with Biomet arguing that the position Davis held with Biomet was the same or similar to his former position with Zimmer, and that in that capacity involving competing products Davis would inevitably disclose or use Zimmer's confidential information or inventions, all in contravention of the Employment Agreement. The trial court denied Zimmer's request for injunctive relief and Zimmer now appeals. The Scheduled Panel Members are: Judges Kirsch, Robb and Bradford.
[Where: Krannert Center for Executive Education, Purdue University, West Lafayette]
- 1:30 PM - Alberto Ruiz vs. State of Indiana ( 49A05-0906-CR-356) - Alberto Ruiz confessed to child molesting and his counsel wanted to present expert testimony by a clinical psychologist about coerced or false confessions. The State asked the trial court not to allow the witness to testify, and the trial court excluded the witness on the grounds the testimony would not help the jury resolve any disputed facts, and would likely confuse the issues, mislead the jury, or unfairly prejudice the state. The Scheduled Panel Members are: Judges May, Crone and Brown. [Where: Indiana Court of Appeals Courtroom (WEBCAST)]
Thursday, January 28th
- 10:30 AM - The Paternity of Infant R. (64A03-0908-JV-367) - T.G. and V.G. are a married couple and the biological parents of a child born to a surrogate mother. T.G., V.G., and the surrogate filed affidavits in support of a petition to establish paternity and maternity in T.G. and V.G. The trial court denied the petition upon finding that "Indiana law does not permit a non birth mother to establish maternity. Indiana law holds the birth mother is the legal maternal mother." T.G. and V.G. appeal, arguing Indiana law denies women equal protection and asking that Indiana's paternity statutes be declared unconstitutional as applied to them. The Scheduled Panel Members are: Chief Judge Baker, Judges Bailey and Robb.
[Where: Indiana Court of Appeals Courtroom (WEBCAST)]
ILB NOTE: The ILB is very interested in posting the briefs in this case. Please contact me if you can help. For background, see this ILB entry from Jan. 23, 2009.
Next week's oral arguments before the Court of Appeals (week of 2/1/10):
Next Tuesday, February 2nd
- 1:30 PM - Marvin Smith vs. State of Indiana (49A05-0905-CR-256) - Marvin Smith was convicted of Class C felony robbery, Class D felony criminal recklessness, and Class A misdemeanor failing to stop following an accident causing injury, found to be a habitual offender, and sentenced to an aggregate sentence of eighteen years of incarceration. Smith contends on appeal that the State failed to establish that property was taken from the CVS that he was alleged to have robbed or that he was person who demanded property from the CVS and that his aggregate sentence is inappropriately harsh. The Scheduled Panel Members are: Judges Darden, Barnes and Bradford. [Where: Lawrence North High School, 7802 Hague Road, Indianapolis, Indiana, 46256]
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 January 25, 2010 10:02 AM
Posted to Upcoming Oral Arguments