Monday, February 15, 2010
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 2/15/10):
- None scheduled.
Next week's oral arguments before the Supreme Court (week of 2/22/10):
Next Thursday, February 25th
- 9:00 AM - In re: ITT Derivative Litigation - Pursuant to Indiana Appellate Rule 64, the United States District Court for the Southern District of New York, in Case Number 07-CV-2878 (CS), certified the following question of Indiana state law for the Indiana Supreme Court's consideration, which the Indiana Supreme Court accepted on November 24, 2009:
What standard should be applied in determining whether a director is "disinterested" within the meaning of Indiana Code § 23-1-32-4(d), and more specifically, is it the same standard as is used in determining whether a director is disinterested for purposes of excusing demand on the corporation's directors under Federal Rule of Civil Procedure 23.1 and Rales v. Blasvand, 634 A.2d 927, 936 (Del. 1993).
- 9:45 AM - Larry Storie v. Randy's Auto Sales, LLC - Pursuant to Indiana Appellate Rule 64, the United States Court of Appeals for the Seventh Circuit, in Case Number 09-1675, certified the following question of Indiana state law for the Indiana Supreme Court's consideration, which the Indiana Supreme Court accepted on January 21, 2010:
Is an entity that purchases and later sells a wrecked vehicle is required to apply for a salvage title under Ind. Code § 9-22-3-11(e) when it no longer owns the vehicle upon receipt of the certificate of title?
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 2/15/10):
Wednesday, February 17th
- 1:30 PM - Lees Inns of America v. William Lee Irrevocable Trust (40A01-0901-CV-47) - Whether or not the Court abused its discretion by failing to appoint a special master with valuation expertise in resolving highly technical disagreements? The Scheduled Panel Members are: Chief Judge Baker, Judges Bailey and Robb. [Where: Court of Appeals Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 2/22/10):
Next Thursday, February 25th
- 3:00 PM - Ben and Shona Erwin v. Brenda Roe (16A01-0906-CV-312 ) - Ben and Shona Erwin allege that while tenants of Brenda Roe, their two-and-a-half year old son was exposed to dangerous, hazardous, and illegal levels of lead-based paint, plaster, and other materials in their rented home when he ate paint chips from the windowsill in his bedroom. The Erwin's complain that as a result of the paint their son ingested, he has been diagnosed with lead poisoning, and that Roe knew or should have known about the lead-based paint and that she failed to properly maintain the property Issues: 1) Whether the trial court erred in granting Roe's motion for summary judgment; 2) Whether Roe was negligent per se when she violated both state and federal statutes that protect children from damages caused by lead paint; 3) Whether Roe failed to properly maintain and repair the property; and 4) Whether Roe had actual knowledge of the lead paint and failed to fix the problem, or notify the Erwin's of the danger, giving rise to a separate and additional claim for relief under federal statutes. The Scheduled Panel Members are: Judges Riley, Kirsch and Robb. [Where: Goodrich Room of the Lilly Library, Wabash College, Crawfordsville, 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 February 15, 2010 08:34 AM
Posted to Upcoming Oral Arguments