Monday, January 17, 2011
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 1/17/11):
Thursday, January 20th
- 10:00 AM - State of Indiana v. FreeEats.com (07S00-1008-MI-411) - This case involves the attempted enforcement of the Indiana Autodialer Law, see Indiana Code ch. 24-5-14, by the State of Indiana against the Appellees. On June 10, 2010, the Brown Circuit Court granted in part and denied in part Appellee FreeEats.com, Inc.’s motion for a preliminary injunction. The State appealed the circuit court’s order and sought immediate transfer of the appeal to the Supreme Court pursuant to Indiana Appellate Rule 56(A), which the Court granted.
ILB: Here is a list of a number of ILB entries involving robocalls suits.
- 10:45 AM - City of Greenwood v. Town of Bargersville (41S05-1012-CV-666) - The City of Greenwood filed a declaratory judgment action against the Town of Bargersville, challenging the Town's annexation of land within three miles of the City's corporate boundary. The Johnson Superior Court granted the Town summary judgment. The Court of Appeals reversed on grounds the Town did not have the consent of 51% of the landowners. City of Greenwood v. Town of Bargersville, 930 N.E.2d 58 (Ind. Ct. App. 2010), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
ILB: This is the July 15, 2010 case re annexation of a section of State Road 135. See ILB entry here.
- 11:30 AM - Jeffery McCabe v. Commissioner, Indiana Department of Insurance /
Hematology-Oncology of Indiana, P.C., v. Hadley Fruits (49S02-1010-CV-602) - The Court will hold a combined oral argument in these two cases that address, in part, whether attorney's fees and litigation expenses are recoverable damages under the Adult Wrongful Death Statute. The Court has not otherwise consolidated the appeals under Appellate Rule 38(B). The Court has granted transfer in McCabe v. Commissioner, Indiana Department of Insurance, 930 N.E.2d 1202 (Ind. Ct. App. 2010), vacated, and assumed jurisdiction over the appeal. In Hematology-Oncology Of Indiana, P.C. v. Fruits, 932 N.E.2d 698 (Ind. Ct. App. 2010), Hematology-Oncology has petitioned the Supreme Court to accept jurisdiction over the appeal.
ILB: Re McCabe, here is the ILB summary of this July 20, 2010 COA opinion (3rd case), which involves interpreting the phrase “but are not limited to” included in the AWDS. Re Hadley Fruits, see this ILB entry from Aug. 18, 2010, including the footnote, which indicates that McCabe is contrary.
Next week's oral arguments before the Supreme Court (week of 1/24/11):
- None currently scheduled.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 1/17/11):
Tuesday, January 18th
- 10:00 AM - Company v. Review Board of Indiana Department of Workforce Development (93A02-1007-EX-799) - D.Z. sold his business to and entered into an employment contract with Company. Company later terminated D.Z.'s employment, and D.Z. applied for unemployment benefits. After the initial intake deputy denied D.Z.'s application, D.Z. sought review before an ALJ. The ALJ concluded that Company discharged D.Z. for an alleged violation of his employment contract but also concluded that Company did not present evidence that D.Z. had, in fact, violated the terms of the employment contract. Thus, the ALJ concluded that D.Z. was not discharged for just cause and was therefore entitled to unemployment benefits. The Review Board of the Indiana Department of Workforce Development affirmed the ALJ's decision, and Company appeals. On appeal, Company argues that the terms of D.Z.'s employment contract do not preempt the statutory definitions of just cause for discharging an employee and that there was substantial evidence that D.Z. was discharged for just cause. The Scheduled Panel Members are: Judges Friedlander, May and Mathias. [Where: Court of Appeals Courtroom (WEBCAST)]
Wednesday, January 19th
- 12:30 PM - Anderson Property Management, LLC, vs. H. Anthony Miller, Jr. (43A03-1003-PL-239 ) - Defendant in this action for declaratory judgment arising from a land sale in 2004 appeals trial court's judgment ordering enforcement of a mediation agreement contending trial court erred in finding that Plaintiff could waive a condition precedent in mediation agreement. The parties argue about a condition precedent to mediation agreement (that encroachment of Defendant's building was three feet on land subject to negative easement). This Court also asks both parties to address the issue of a mutual mistake of fact (amount of the encroachment) that renders the agreement unenforceable. The Scheduled Panel Members are: Chief Judge Robb, Judges Kirsch and Bradford. [Where: Krannert Center for Executive Education, Purdue University, West Lafayette, Indiana ]
Thursday, January 20th
- 2:00 PM - County Council of Porter County v. Northwest Indiana Regional Development Authority (37A04-1004-CT-291) - In this case, Porter County held a vote to withdraw itself from being a member of the NW Indiana Regional Development Authority (RDA). Subsequently the Legislature passed two amendments stating that if Porter County ceased to be a member of the RDA, then other municipalities within the county could join and compel the county to pay CEDIT revenues to the RDA. The trial court ruled that Porter County could not withdraw from the NW Indiana RDA and that the subsequent legislation was constitutional under the State constitution. The Scheduled Panel Members are: Judges Friedlander, May and Mathias. [Where: Court of Appeals Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 1/17/11):
- None currently scheduled.
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 17, 2011 08:56 AM
Posted to Upcoming Oral Arguments