Monday, May 02, 2011
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 5/2/11):
Thursday, May 5th
- 10:45 AM - State Automobile Mutual Insurance Co. v. Flexdar, Inc. (49S02-1104-PL-199) - In this dispute over insurance coverage for environmental contamination, the Marion Superior Court granted summary judgment in favor of the insured. The Court of Appeals affirmed, holding that the policy's "absolute pollution exclusion" was ambiguous and must be construed in favor of the insured. State Auto. Mut. Ins. Co. v. Flexdar, Inc., 937 N.E.2d 1203 (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 was a Nov. 22, 2010 COA opinion that held: "We conclude, pursuant to the last fourteen years of precedent, that State Auto's absolute pollution exclusion is ambiguous, must be construed in favor of the insured, and therefore will not operate to preclude coverage in connection with Flexdar's TCE leakage. Under Kiger and its progeny—and consistent with the above-quoted 1997 executive veto—an insurance policy must be specific if it wishes to except from coverage claims relating a particular alleged contaminant. It is within the province only of our Supreme Court to decide otherwise."
Next week's oral arguments before the Supreme Court (week of 5/9/11):
Thursday, May 12th
- 10:00 AM - Town of Avon v. West Central Conservancy District (29S04-1102-CT-118) - After the Town of Avon enacted an ordinance regulating the removal of groundwater and water in aquifers for retail, wholesale, or mass distribution purposes, a Township and Conservancy District sued, and the Hendricks Superior Court granted summary judgment to the Township and Conservancy District and declared the ordinance invalid. The Court of Appeals affirmed. Town of Avon v. West Central Conservancy Dist., 937 N.E.2d 366 (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 was a Nov. 12, 2010 COA opinion (4th case) that held: "[W]e conclude that the trial court properly granted summary judgment in the appellees' favor and declared the Ordinance invalid. In particular, Avon lacks the express authority to regulate groundwater in aquifers under the Watercourse Statutes, the Home Rule Act does not grant Avon the authority to regulate in accordance with its inherent police powers, and Avon lacks the authority to review, regulate, or impose duties on the appellees' exercise of its power to sell the groundwater under the Park Resources Statute. Moreover, the Ordinance's limitation on the appellees' right to sell water is inconsistent with the DNR's regulation of groundwater and there is no statute expressly authorizing Avon to regulate the appellees' sale of the groundwater. Thus, Avon may not interfere with the appellees' common law right to use the groundwater in its aquifers as it sees fit."
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 5/2/11):
Wednesday, May 4th
- 1:30 PM - T.L. v. J.L. (54A01-1008-DR-386) - RT.L. ("Mother") appeals the trial court's order denying her petition to relocate from Indiana to Tennessee with her two minor children, of whom she was granted primary custody following her dissolution of marriage. Mother argues she has legitimate, good faith reasons to move based upon her need to care for her ill grandmother who lives in Tennessee, a reduced financial burden, the children's wishes to move, and the children's relationships with family and friends in Tennessee. Mother also argues that J.L. ("Father") failed to meet his burden of showing the move would not be in the children's best interest. In making these arguments, Mother contends some of the trial court's findings of fact are clearly erroneous and that the remaining findings fail to support the trial court's judgment. The Scheduled Panel Members are: Chief Judge Robb and Judges Riley and Bradford. [Where: Court of Appeals Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 5/9/11):
- 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 May 2, 2011 07:37 AM
Posted to Upcoming Oral Arguments