Monday, July 11, 2011
Ind. Decisions - Upcoming oral arguments this week and next
This week's oral arguments before the Supreme Court (week of 7/11/11):
- No oral arguments currently scheduled.
Next week's oral arguments before the Supreme Court (week of 7/18/11):
- No oral arguments currently scheduled.
Webcasts of Supreme Court oral arguments are available here.
This week's oral arguments before the Court of Appeals (week of 7/11/11):
Tuesday, July 12th
- 10:30 AM - In Re: The Stephen L. Chapman Irrevocable Trust Agreement: Carrie Chapman vs. Howard L. Chapman and Elizabeth W. Chapman, Trustees (02A03-1012-TR-624) - Trustees/Settlors Howard and Elizabeth Chapman, parents of Stephen L. Chapman ("Stephen"), filed a petition to reform the Stephen L. Chapman Irrevocable Trust to modify the date of distribution of trust assets to Stephen, and the Allen Superior Court granted the petition. Intervenor Carrie Chapman, wife of Stephen, appeals the trial court's decision, arguing that (1) the trial court lacked jurisdiction because the reformation petition should have been heard in the pending dissolution action that she previously filed against Stephen, and (2) the trial court erred when it granted the petition to reform the trust agreement. The Scheduled Panel Members are: Judges Kirsch, Najam, and, Mathias. [Where: Allen County Courthouse, Fort Wayne, Indiana]
Wednesday, July 13th
- 11:00 AM - Kristine M. Bunch vs. State of Indiana (16A05-1007-PC-439) - Following a jury trial in 1996, Kristine Bunch was convicted of murder for a mobile home fire that took the life of her three-year-old son. In 2006, Bunch filed a petition for post-conviction relief, which was denied in 2010 following an evidentiary hearing. Bunch now appeals the denial of her petition for post-conviction relief, alleging advances in science invalidate the basis for concluding the fire and death resulted from arson; the State improperly failed to disclose exculpatory and impeachment evidence; and her trial attorney rendered ineffective assistance by failing to adequately challenge the State's expert testimony and eliciting otherwise inadmissible opinion evidence suggesting guilt. The Scheduled Panel Members are: Chief Judge Robb, Judge Najam, and, Judge Crone. [Where: Supreme Court Courtroom (WEBCAST)]
- 1:30 PM - Lawane Chaney vs. Clarian Health Partners, Inc. (49A05-0905-CV-263) - On February 10, 2011, we handed down our decision in favor of Clarian Health Partners, Inc. in the purported class action Chaney v. Clarian Health Partners, Inc. By the time of the appeal, Chaney, the only purported class member, was no longer a party, but his former counsel, Ron Weldy, nevertheless proceeded with the case. The trial court had dismissed the case with prejudice for lack of a class representative but had also denied Clarian's request for attorney's fees. Weldy, purportedly on behalf of Chaney, appealed. We dismissed the appeal as to the denial of discovery and the dismissal of the case. And we affirmed the imposition of Trial Rule 37 sanctions against Weldy. We denied Weldy's petition for rehearing, and the supreme court denied his petition for transfer. This matter is now set for oral argument on Clarian's motion for appellate fees and costs under Appellate Rule 66(E). The Scheduled Panel Members are: Judges Najam, Friedlander, and, Bradford. [Where: Court of Appeals Courtroom (WEBCAST)]
Next week's oral arguments before the Court of Appeals (week of 7/18/11):
Next Monday, July 18th
- 11:00 AM - Shawnee Construction & Engineering v. Don C. Stanley, Jr. (02A04-1010-CT-610) - Did trial court err by granting partial summary judgment in favor of plaintiff even though the defendant did not assume a duty of care to the plaintiff an despite the fact that there were genuine issues of material fact. The Scheduled Panel Members are: Judges Baker, May, and, Mathias. [Where: Court of Appeals Courtroom (WEBCAST)]
- 1:00 PM - Thomas Kornelik v. Mittal Steel USA, Inc., et al (45A03-1011-CT-583) - May an employee that settles with a third party, without the consent of the employer/compensation insurance carrier, subsequently seek to reduce its lien arising under the Worker's Compensation Act. The Scheduled Panel Members are: Judges Baker, May, and, Mathias. [Where: Court of Appeals Courtroom (WEBCAST)]
- 2:00 PM - Joseph A. Kelley, et al, vs. Jagdish Patel, et al (79A02-1010-CT-1212) - After the death of William D. Feit, Jr. as a result of a motel fire, Joseph A. Kelley, the administrator of Feit's estate (the "Estate") filed suit against the motel's owners and the motel's liability insurer, Indiana Insurance Company. The Estate appeals the trial court's entry of summary judgment in favor of Indiana Insurance on the Estate's claim of spoliation of evidence. On appeal, the Estate raises the issue of whether it has an available third-party cause of action against Indiana Insurance for spoliation of evidence. The Scheduled Panel Members are: Chief Judge Robb, Judges Bailey, and, Crone. [Where: Court of Appeals Courtroom (WEBCAST)]
Next Tuesday, July 19th
- 10:30 AM - John Fiederlein, M.D., vs. Alex Boutselis, M.D. and Steve Jones, M.D. (79A04-1010-PL-632 ) - John Fiederlein, M.D. filed a complaint against Alex Boutselis, M.D. and Steve Jones, M.D. alleging breach of contract, promissory estoppel, unjust enrichment, conversion, criminal conversion, interference with employment relationship, and fraud. The dispute arises in regard to an offer for Fiederlein to become a member in the medical practice where the parties were employed and which was owned by Unity Healthcare, LLC. Boutselis and Jones filed a counterclaim, requesting a refund of money they claimed was an advance paid in anticipation of Fiederlein's membership, which was never consummated. Fiederlein appeals the trial court's grant of summary judgment in favor of Boutselis and Jones as to all of Fiederlein's claims, except a portion of his unjust enrichment claim. He also appeals the trial court's denial of his motion for summary judgment on the counterclaim of Boutselis and Jones. Boutselis and Jones cross-appeal the trial court's failure to grant summary judgment in their favor as to all of Fiederlein's claims. The Scheduled Panel Members are: Judges Kirsch, Vaidik,and, Mathias. [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 11, 2011 07:55 AM
Posted to Upcoming Oral Arguments