Monday, July 26, 2010
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 7/26/10):
Thursday, July 29th
- 9:00 AM - National Union Fire Co. of Pittsburgh PA v. Standard Fusee Co. (
The trial court awarded partial summary judgment to plaintiff, Standard Fusee Corporation, holding the defendant insurance companies had a duty to defend Standard Fusee against underlying environmental proceedings in Indiana and California. The Court of Appeals affirmed in part, reversed in part, and remanded. Nat’l Union Fire Ins. Co. v. Standard Fusee Corp., 917 N.E.2d 170 (Ind. Ct. App. 12/3/2009), vacated. The Supreme Court has granted petitions to transfer the case and has assumed jurisdiction over the appeal.
ILB - Both Appellant and Appellee were granted transfer. See the ILB summary of the 12/3/09 opinion here. Issues include: choice of law, pollution exclusion, existence of a "suit", duty to defend.
- 9:45 AM - Dannie Ray Runyon v. State of Indiana (57S04-1006-CR-317) -
In 2008, Runyon pleaded guilty to nonsupport of a dependent, a Class C felony. His sentence was suspended and he was placed on probation. In 2009, the Noble Circuit Court revoked Runyon’s probation for failure to pay child support. The Court of Appeals affirmed, holding that when revoking probation for failing to support a dependent, the defendant bears the burden of proving that he was unable to provide support. Runyon v. State, 923 N.E.2d 440 (Ind. Ct. App. 3/11/2010). The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
[ILB - From the 3/11/10 ILB summary of the COA opinion (5th case): "We hold that when revoking a defendant’s probation for failing to support his or her dependents, the defendant bears the burden of proving that he or she was unable to provide support pursuant to Indiana Code section 35-38-2-3(f)."
Next week's oral arguments before the Supreme Court (week of 8/2/10):
- None currently scheduled.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 7/26/10):
Tuesday, July 27th
- 10:30 AM - Samuel Neal v. William J. Cure, et al (49A04-0908-CV-468) - Neal sued Cure after a pollutant leaked from Cure's property onto Neal's. Cure's tenant, a dry cleaner, occupied Cure's property when the pollution occurred. The trial court granted summary judgment for Cure on the ground Cure was not responsible for the tenant's actions and had no duty to prevent the pollution, and Neal appeals. The Scheduled Panel Members are: Judges Bailey, May and Barnes. [Where: Court of Appeals Courtroom (WEBCAST)]
Wednesday, July 28th
- 10:30 AM - David and Kristina Hatter v. Pierce Manufacturing, Inc. (49A02-0907-CV-659) - While working as a Pike Township firefighter, David Hatter was injured when the cap on a fire truck's intake pipe was propelled off the pipe by pressurized air and the cap struck Hatter in the face. Hatter and his wife brought this products liability action against Pierce Manufacturing, Inc., the manufacturer of the fire truck. Following a jury trial and verdict in favor of Pierce, the Hatters appeal. The Hatters argue, among other things, that the trial court abused its discretion by failing to strike two jurors for cause and that the trial court abused its discretion in instructing the jury on Pierce's defenses to liability. The Scheduled Panel Members are: Judges Friedlander, Kirsch and Robb. [Where: Court of Appeals Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 8/2/10):
Next Wednesday, August 4th
- 1:30 PM - Victor C. Regalado v. The Estate of of Joseph J. Regalado (64A05-0911-CV-672) - Joseph Regalado received a fifteen million dollar settlement from the City of Chicago for the actions of its police officers in 2000 and died intestate in 2004. Because Joseph left no surviving spouse or issue, his estate is to be distributed to his surviving parents, brothers, sisters, and issue of his deceased brothers and sisters. Victor Regalado, Joseph's brother, now appeals the Porter Superior Court's determination that Paula Heffelfinger is Joseph's half-sister. Joseph's father married Paula's mother in 2003, thirty-five years after Paula's birth. When the marriage was annulled in 2005, Joseph's father acknowledged Paula to be his biological child. At issue is whether Indiana Code section 29-1-2-7(b), which governs the paternal inheritance to, through, and from a child born out of wedlock, applies to Paula such that she is an heir to Joseph's estate. Specifically, Indiana Code section 29-1-2-7(b)(4) provides that a child born out of wedlock shall be treated as if the child's father were married to the child's mother at the time of the child's birth if the putative father marries the mother of the child and acknowledges the child to be his own. The Scheduled Panel Members are: Judges Najam, Vaidik and Brown. [Where: Court of Appeals Courtroom (WEBCAST)]
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 July 26, 2010 06:35 AM
Posted to Upcoming Oral Arguments